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 MoreRule 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 MoreThe 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 MoreEffective today, the Supreme Court implements new fees payable under new regulations.
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 MoreIf you can understand the other side's case, don't bother with a strike out application.
Strike out applications pursuant to Order 23 have historically be made for strategic reasons, but that is changing. They should now only be made if a pleading or case cannot be understood.
Read MoreA broad overview of the main discretionary issues to consider when applying for, or resisting, a security for costs application.
Read MoreEvery year, thousands of default judgments are entered in the court system. Many can be for substantial sums of money. These applications are frequently dealt with by the courts. Here are the key procedures and principles for setting aside a default judgment.
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 MorePlaintiffs may apply for summary judgment where a defendant files a defence and there is ‘no real prospect of success’ on the defence. This post sets out the essential procedures and principles for obtaining summary judgment.
Read MoreSince the automatic right of appeal to the Victorian Court of Appeal was removed in November 2014, parties wishing to appeal must generally apply for leave to appeal. There is no entitlement to an oral hearing, though one may be requested.
Read MoreFrom 29 February 2016, the Supreme Court will no longer hear urgent applications involving a commercial dispute in the general practice court, but by referral to the Commercial Court duty judge or Corporations List managing judge.
This procedure applies for all the common urgent commercial applications: injunctions, caveat removals, mareva and freezing orders.
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