The 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 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 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 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 MoreThe statutory remedy most often used by shareholders who feel they have been unfairly treated, prejudiced, discriminated against or oppressed, is the oppression remedy in Part 2F of the Corporations Act (“Act”). Any individual member (or members) can commence a proceeding against the directors of the company or the company itself.
Read MoreIn oppression proceedings, the Court is extremely reluctant to wind up an otherwise flourishing, solvent company on the ‘just and equitable’ basis pursuant to section 467(4) of the Corporations Act ("Act").
Read MoreA freezing order is to prevent execution of a judgment or other court process from being rendered ineffective. This article considers the tests for obtaining a freezing order, the relevant rules, and some of the difficulties and subtleties.
Read MoreIf you can understand the other side's case, don't bother with a strike out application.
Strike out applications pursuant to Order 23 have historically be made for strategic reasons, but that is changing. They should now only be made if a pleading or case cannot be understood.
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 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 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 MorePlaintiffs may apply for summary judgment where a defendant files a defence and there is ‘no real prospect of success’ on the defence. This post sets out the essential procedures and principles for obtaining summary judgment.
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 MoreA checklist for practitioners preparing an application to remove a caveat
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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