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 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 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 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 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 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 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 post considers two recent cases in the Victorian Court of Appeal where applications to set aside statutory demands pursuant to section 459G of the Corporations Act were appealed:
1) Bendigo and Adelaide Bank Ltd v Pekell Delaire Holdings Pty Ltd [2017] VSCA 5
2) Go Connect Ltd v Sino Strategic International Ltd (in Liq) [2016] VSCA 315
Both cases affirm the principles applicable in applications to set aside a statutory demand.
Read MoreHow should lawyers construe an ambiguous contract? Does Codelfa still apply?
Read MoreA broad overview of the main discretionary issues to consider when applying for, or resisting, a security for costs application.
Read MoreA broad overview of how insolvency law may assist in the context of debt recovery with speed and economy for your client using the statutory demand regime.
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 MoreThe Victorian Court of Appeal has summarised the law of penalties in Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd [2017] VSCA 161 (23 June 2017) per Maxwell P, Kyrou JA and Cameron AJA.
Read MoreThe Supreme Court of Victoria uses a checklist to 'groom' applications to set aside statutory demands for any problems before the first return of the matter for directions. The checklist is attached below.
Read MoreThe Court of Appeal in Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131 (31 May 2017) has confirmed that affidavits in support of applications to set aside statutory demands cannot merely explain the delay in filing an affidavit in support within 21 days of the statutory demand being served (pursuant to s 459G(2) and (3) of the Corporations Act 2001).
However an affidavit filed and served within 21 days which explains delay and verifies on the basis of instructions or otherwise the contents of a ‘foreshadowed affidavit’ to be sworn, may be sufficient to constitute a supporting affidavit.
Read MoreBarristers are asked all the time whether an informal agreement is binding. By informal agreement, I mean a consensus of sorts arrived at between parties which is not recorded in any elaborate formal document.
Informal agreements may be made by:
1) Oral agreement;
2) The exchange of correspondence;
3) Heads of agreement; or
4) A memorandum of understanding.
Following the making of an informal agreement, parties often continue to negotiate in the expectation that they will be able to incorporate further terms – yet to be agreed – in the formal document.
In the event that the formal document is not executed, a question arises: Is the agreement legally binding and enforcible? It’s a deceptively simple question but not always easy to answer.
Read MoreStatutory demands issued for a non-judgment debt must be accompanied by an affidavit which states, inter alia, the deponent’s belief that that there is no genuine dispute about the debt.
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