Commentary and case law from the Commercial Bar Association's finest.
Practice and procedure – application for dismissal of proceedings – failure to prosecute proceedings with due diligence – consideration of the overarching purpose in s 37M of the Federal Court of Australia Act – application by corporate applicant to dispense with requirement to be legally represented – termination of four successive lawyers
This piece looks at the question raised by Dental Corporation’s application for special leave to appeal to the High Court: did the Federal Court have jurisdiction to make a declaration about the application of subsection 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth)?
Allsop CJ has given helpful tips to practitioners tasked with the job of drafting a concise statement in a banking case concerning statutory claims having an equitable character.
The rules of most Victorian courts permit a party, in certain circumstances, to obtain discovery of material prior to commencing proceedings. Like many rule-based tests, there can be some confusion about the requirements as well as the discretionary factors involved in obtaining preliminary discovery. The Supreme Court in a recent appeal decision has shed some light.
A recent decision by Vickery J addresses the practice of “piggybacking” by a plaintiff in the proportionate liability context. The decision means that a plaintiff bringing a claim against a concurrent wrongdoer joined by the defendant must properly plead a cause of action against them; it may be insufficient simply to make reference to the first defendant’s pleading.
Abstract: A December 2016 decision of the Supreme Court of Victoria and a January 2017 practice note on the use of technology in the Court have shown the Court’s acceptance of technology assisted review as an appropriate method of discovery in litigation involving a large amount of electronically stored information.
Paul Hayes will be presenting a CPD seminar on Tuesday, 20 June 2017 at 5.15pm in the McPhee Room on level 1 of Owen Dixon East. The seminar is entitled: “The Harman Obligation: Policy, Procedure and Punishment”. Further details can be obtained from the Bar Office.
The Legal Services Council’s inaugural guideline and direction deals with lawyers’ costs disclosure obligations. Simply put, we are required to provides single figure estimates of our costs. But even the guideline and direction seems to recognize that things will rarely be that simple…
Civil procedure – non-party costs order against a party’s solicitor – solicitor also a director of client company – conflict of interest – LIV’s Professional Conduct and Practice Rules
Can foreign state immunity prevent proceedings to register in Australia a foreign judgment? Not if that judgment would fall within the commercial transaction exception to immunity, the High Court has now told us; though immunity from execution will still be a hurdle.
The Victorian Court of Appeal has held that the inherent jurisdiction of the Court is now statutorily modified by the provisions of the Civil Procedure Act 2010.
The use of expert evidence is controlled by primary and subordinate legislation. Courts can use their extensive management powers to assist the process but often the parties do not focus early enough on what is required.
Submission by Helen Tiplady
Kennedy v Shire of Campaspe [2015] VSCA 47
In this recent decision, the Court of Appeal grappled, for the first time, with the test for the grant of leave for an appeal under the new civil appeals regime.
Knight v Shuard [2015] VSC 36 In the first decision under the Vexatious Proceedings Act, the Supreme Court has applied the new test for leave to proceed and denied Julian Knight the opportunity to...