Trade marks – non-use – domain names
Evidence – expert evidence preparation – fact evidence preparation
On 18 October 2023, by a 4:3 majority the High Court of Australia declared invalid a tax imposed by Victoria on the use of electric and hybrid vehicles. The tax imposed was held to be a “duty of excise” within the meaning of section 90 of the Constitution, and therefore a tax only able to be imposed by the Commonwealth.
In its first decision on parliamentary privilege in some years, the High Court in Crime and Corruption Commission v Carne  HCA 28 has clarified the scope of the privilege as it applies to documents emanating from outside Parliament.
The Court of Appeal in Whitty v Talia  VSCA 246 has recently considered the principles applicable to severance of a joint tenancy. In so doing, it has provided a timely reminder to practitioners about property law transactions which blend the corporate and the familial.
The Victorian Parliament recently passed the Justice Legislation Amendment Bill 2023. The new legislation addresses problems faced by parties with VCAT matters involving Commonwealth jurisdiction following the recent decision in Thurin v Krongold Constructions (Aust) Pty Ltd  VSCA 226.
The Victorian Parliament passed the Justice Legislation Amendment Act 2023, which addresses problems faced by parties with VCAT matters involving claims for contribution under Part IV of the Wrongs Act following the decision in Vaughan Constructions Pty Ltd v Melbourne Water Corporation  VCAT 233.
If defective panels requiring removal were affixed to a building’s façade, by means of permanently sticking the panels to metal strips nailed or screwed into the structure of the building, does this constitute unintended or unexpected property damage at the time the panels were affixed?
Tips from Graincorp on converting an existing proceeding into a group proceeding:
For plaintiffs, it serves as a useful reminder of the requirements of a group proceeding under Part 4A of the Supreme Court Act 1986 (Vic).
For defendants, it provides guidance on how to tackle concerns with a group definition.
On 2 August 2023, the High Court of Australia unanimously allowed an appeal from the Commonwealth Director of Public Prosecutions and ruled that the meaning of the “value of the benefit” obtained from conduct that constitutes foreign bribery is the gross benefit (as opposed to the net benefit) obtained from the offending.
The Crimes Amendment (Combatting Foreign Bribery) Bill 2023 proposes to strengthen Australia’s foreign bribery laws principally by introducing a new absolute liability offence against bodies corporate for “failing to prevent bribery of a foreign public official” by an “associate”.
Do funds paid into court as security for costs pursuant to a consent order give rise to a security interest pursuant to s 12(1) of the Personal Property Securities Act 2009 (Cth) (PPSA)? No, according to the Honourable Justice M Osborne. However, it may be that other forms of security for costs do.
The Supreme Court of Victoria considered various claims including unconscionable conduct and claims under the NCC in respect of the plaintiff’s business and residential loans. The court dismissed the claims, finding the borrower had financial nous and the bank’s conduct was the ‘antithesis of unconscionable conduct’.
A Supreme Court judge, sitting as an Acting Member of VCAT, has refused an application for joinder of a party for the purpose of making a claim for contribution under Part IV of the Wrongs Act on the basis that VCAT lacked jurisdiction to hear the contribution claim.
The Western Australian Court of Appeal upholds a primary judge’s decision that an arbitral tribunal’s interim award on liability meant that the tribunal was functus officio and prevented it considering additional liability issues in a bifurcated arbitration.