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 MoreDo 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 MoreSome 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 MoreThere’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 More‘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 MoreThe 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 MoreWomen 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 MoreIf 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 MoreVarious circumstances may require the registrar of titles to be restrained from taking action regarding a dealing in land. Section 90(2) of the Transfer of Land Act permits the court to restrain the registrar from dealing with land pending the determination of a dispute at a hearing or pending a further order.
Read MoreThe statutory remedy most often used by shareholders who feel they have been unfairly treated, prejudiced, discriminated against or oppressed, is the oppression remedy in Part 2F of the Corporations Act (“Act”). Any individual member (or members) can commence a proceeding against the directors of the company or the company itself.
Read MoreA freezing order is to prevent execution of a judgment or other court process from being rendered ineffective. This article considers the tests for obtaining a freezing order, the relevant rules, and some of the difficulties and subtleties.
Read MoreA broad overview of the main discretionary issues to consider when applying for, or resisting, a security for costs application.
Read MoreHere are ten tips to prepare for a commercial trial, based on a paper prepared by Justice Hargrave (principal judge of the Supreme Court’s Commercial Court) in 2017, and a previous version of the paper from 2014.
In short, good advocacy involves strategic out-of-court preparation, including considered ‘documentary advocacy’, awareness of the Civil Procedure rules, harnessing technology, and early analysis and editing of the case.
Read More