What 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 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 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 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 MoreThis is an issue which arises with some frequency in commercial matters, for all sorts of reasons.
Although the rules are fairly clear (yes, legal representation is required in the higher courts), the determination of the matter isn’t always clear-cut. Here are the principles that assist with working through the issue.
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 MoreRelief against forfeiture protects a tenant against the loss or determination of an estate or interest in property, or a proprietary right, either in consequence of a failure to perform a covenant or condition or in consequence of the determination of the contract for some other reason. This article summaries the key principles and provides tips for tenants applying for relief, and landlords opposing an application.
Read MoreThe full article (5214 words) considers:
Re-entry by proceedings
Making an ‘unequivocal claim’ for possession
Fundamental breach and repudiation
When is a breach fundamental?
Repudiation
Loss of bargain damages
Waiver
Notice requirements
Defective Notices
Time limits for remedying a notice
Service of a notice
What if the tenant has a counterclaim?
The nature of set-off
Equitable set-off
Effect of ouster clauses
Since 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 MoreWhether acting for a landlord or tenant, the eviction of commercial tenants is vastly different to the rules governing the eviction of residential tenants. This is because the Courts and VCAT consider commercial tenancies to be long-term binding contracts between commercial parties.
While residential tenancy rules in Victoria allow landlords to evict tenants for little reason or no reason at all (in 120 days), the law treats commercial tenancies very differently. There are more protections in place for commercial tenants to ensure they can build a business from a premises and potentially sell any goodwill attached to a particular location.
Termination of commercial tenancies involves knowledge of the principles of contract law, termination and waiver, notices, the Property Law Act (section 146), equitable set-off, exercise of options, and other common law concepts such as taking possession and conversion of goods.
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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