Coronavirus 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 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 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 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 MoreRestraining the registrar of titles pursuant to Section 90(2) of the Transfer of Land Act 1958 (Vic)
Various 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 MoreSecurity for costs
A broad overview of the main discretionary issues to consider when applying for, or resisting, a security for costs application.
Read MoreHow to list urgent commercial matters in the Supreme Court practice court
From 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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