New Commercial Court Practice Note – Supreme Court of Victoria

March 20, 2024 by JW in Civil litigation, Civil Procedure, Commercial Court, Commercial Division, Practice and Procedure, Practice Note SC CC 1

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.

Misleading and deceptive conduct in the sale of a business

September 08, 2023 by JW in Civil Procedure, Commercial Court, Contracts, Misleading and deceptive, Court of Appeal, Section 236 ACL damages, Sale of 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.