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 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 MoreDisputes 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 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 MoreThis 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 MoreThe 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 MoreWhat 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 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 MoreHere’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 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 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 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 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 MoreThis 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.
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 MoreEffective today, the Supreme Court implements new fees payable under new regulations.
Read MoreThe Supreme Court's commercial court moves closer to being paperless.
Since the start of July 2018 all cases are being initiated, run and archived electronically.
Read MoreIn short, the answer is no. Section 459G of the Corporations Act requires an application to set aside a statutory demand to be supported by an affidavit within 21 days of service of the demand. Usually the facts for the setting aside application are known within the 21-day period.
What should you do when there are unknown facts at the time of filing the application to set aside? For example, where there are inaccessible or unverifiable documents, or you are waiting on third parties to provide materials (eg accounting information), or further discovery is required?
Read More