Security for costs - a ready reference guide
A copy of the paper on security for costs that I presented at a CPD conference yesterday.
Read MoreNew County Court Commercial Division Practice Note from 1 September 2025
The new County Court commercial law division practice note PNCO 1-2025 (Practice Note) takes effect next Monday 1 September 2025.
Here is a summary of the most frequently addressed matters that commercial litigators should know.
Read MoreInsurance list - Supreme Court of Victoria's Commercial Court
Last week the Judge in charge of the Supreme Court’s Insurance list (in the Commercial Court) spoke about two things:
1) Why commence insurance litigation in the SCV?
2) How do listings and allocations take place?
Read MoreHow should lawyers use AI?
Various jurisdictions are beginning to grapple with the appropriate use of generative artificial intelligence (AI) by parties and legal practitioners in the court system. What are the requirements for legal practitioners in Victoria? What are other jurisdictions doing?
Read MoreNew Commercial Court Practice Note – Supreme Court of Victoria
Do you have carriage of proceedings in the Supreme Court of Victoria’s Commercial Court?
If yes, this post is for you.
The Commercial Court has released an updated Practice Note SC CC 1 (second revision) which came into effect on 26 February 2024. It replaces the previous version from 21 December 2017.
The new Practice Note is refreshingly minimal, at only 11 main paragraphs. Read on for the main takeaways.
Read MoreA bit of VCAT's jurisdiction is restored
Some of the recent uncertainty regarding VCAT’s jurisdiction has resolved with the passing of the Justice Legislation Amendment Act 2023 (Vic) (JLAA) on 10 July 2023. Here’s what you need to know regarding limitations, contribution claims, and jurisdiction.
Read MoreMisleading and deceptive conduct in the sale of a business
Disputes regarding falsified figures from the sale of a business are commonplace in commercial litigation. The allegation is frequently heard that a vendor has misrepresented the amount of sales and profits from their business in order to “fatten the pig for market”. The Victorian Court of Appeal recently delivered a decision in H & Q Cafe Pty Ltd v Melbourne Cafe Pty Ltd & Anor [2023] VSCA 200 which contains important learnings for those involved in sale of business disputes.
Read MoreVCAT: what is happening with jurisdiction and limitation changes?
There’s been a flurry of online commentary about the recent cases which have curtailed VCAT’s jurisdiction recently.
I was going to write a post about it, but then the LPLC provided this great article prepared by Moray & Agnew.
In case you missed it, below are the key takeaways from the article. Well worth a read if any part of your practice involves proceedings in VCAT.
Read MoreDo unit holders in unit trusts have a proprietary interest in trust property?
This much discussed topic has been the subject of numerous authorities over the years, many of them well established.
Caveats are lodged all the time claiming a caveatable interest in unit trust property by unit holders and trust beneficiaries. This may be because the terms of the trust deed are silent on the question, the trust deed provisions are unclear, the authorities are nuanced, or perhaps the relevant practitioner was simply unclear on the law.
In this article, I’ll take you through CPT as well as the key state-based authorities which set out the main principles. Whether you’re applying to remove a caveat or resisting a removal application, there are good arguments both ways. I’ve set out this article to offer something for each position.
Read MoreNew County Court Commercial Court Practice note PNCO 2-2022
The County Court has released a new Commercial Division Omnibus Practice Note PNCO 2-2022 with updated practices and case management expectations for commercial division proceedings.
It applies from 1 August 2022.
Read MoreFarewell to the 'Graywinter principle' in applications to set aside statutory demands
What must an affividat in support of an application to set aside a statutory demand include? The Victorian Court of Appeal in Sceam Constructions Pty Ltd v Clyne [2021] VSCA 270 has recently clarified the language around the ‘supporting affidavit’ to be filed within 21 days, and provided helpful reminders of what they should contain.
Read MoreFinally, the Supreme Court rules allow single exhibit certificates
Rule 43 and Form 43A (effective from 1 October 2021) allow a paginated bundle of documents to be filed behind a single exhibit certificate. Halleloo! It was such a waste of time preparing exhibit certificates.
Read MoreCoronavirus and the commercial lists of the Supreme and County Courts
Here’s what you need to know about the County and Supreme Court commercial lists and their latest procedures for hearings during the COVID-19 outbreak.
Read MoreNew County Court Commercial Division Practice Note
The County Court has released a new Commercial Division Practice Note ‘Operation and Management of the Commercial Division’ PNCO 1 – 2019 (updated as at 26 March 2019) which supercedes eight previous practice notes. It deals with most issues concerning the running of commercial matters.
The new practice note puts the County Court Commercial Division on a competitive footing with the Supreme Court’s commercial court, offering faster trial dates (within 6 months for standard matters), an Expedited Matters List (trial dates within 4 months), trial date certainty, unlimited jurisdiction regarding quantum, and efficient disposition of interlocutory steps.
Read MoreContribution and indemnity
‘Contribution and indemnity’ are concepts used to identify which defendant (or third party) is liable for a plaintiff’s loss, usually in a tort or contract case. Contribution refers to the dividing up of a plaintiff’s damages between two, or multiple parties found liable.
Read MoreThird party proceedings
The third-party procedure enables liability between plaintiff and defendant, and defendant and third party to be determined concurrently, in the same proceeding. There can be no judgment against the third party until the court gives judgment against the defendant. There must be a nexus between all claims.
Read MoreDirectors' duties under the Corporations Act
The recent case of United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2018] VSC 347 decided by Elliot J provides a good summary of the directors duties set out in the Corporations Act. Without discussing the facts or findings of this case, the summary of the duties is very useful.
Read MoreThe loan, guarantee and wife. What is the law?
Women are better educated, participate in the workforce, and have greater financial independence than ever before. Despite that, cases of the “ill-informed wife” or the “unduly influenced wife” signing a guarantee are the subject of regular legal disputes. What is the relevant law?
Read MoreWhat constitutes a ‘memorandum or note’ pursuant to section 126 of the Instruments Act?
If a key instrument requiring a signature (ie a loan, mortgage) has not been signed but surrounding documents which refer to the instrument have been signed, what should lawyers do? One of the most helpful provisions available in such circumstances is section 126 of the Instruments Act 1958 (Vic)
Read MoreUncollected goods: what should landlords do upon termination of a retail lease?
This question arises in almost every retail lease matter involving rental arrears, termination and possession. The regime regarding uncollected goods is governed by the principles of bailment and by the Australian Consumer Law and Fair Trading Act 2012. The ACL stipulates three value categories of uncollected goods (low, medium, high) and outlines requirements for disposal of uncollected goods in each category.
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