Freezing orders and corporate groups: recent decision
This note deals with a recent Federal Court decision in respect of freezing orders to prevent dissipation of assets in a subsidiary of a judgment debtor.
Category: Civil Procedure
Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 3)
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
Federal Court declaratory relief: Dental Corporation v Moffet
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)?
Federal Court confirms concise statement approach to case management in complex banking litigation
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.
Got a hunch? Navigating the rules of preliminary discovery
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.
Plaintiff must properly plead its claim against concurrent wrongdoers
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.
Supreme Court of Victoria embraces the use of technology assisted review
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.
The Harman Obligation: Policy, Procedure and Punishment
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.
Enough already? The LSC’s recent pronouncements on your costs disclosure obligations
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…
Waiter! There’s a Chinese restaurant in my easement!
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
No immunity for you: the High Court allows registration of a commercial foreign judgment against Nauru
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 Civil Procedure Act 2010 affects every aspect of the conduct of litigation and simply can’t be ignored
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.
New High Court judge speaks about the use of expert evidence
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.
Civil leave to appeal requirement considered
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.