Case note by Peter Willis. School sues foreign donor government in Australian court – sovereign immunity – what is a commercial transaction?
Author: CommBar Contributor
Case Note by Kieran Hickie and Andrew Kirby. The Full Court of the Federal Court of Australia has overturned the decision of Gordon J that late payment fees charged by the ANZ bank on credit cards against its customers constituted penalties and were unenforceable.
Guarantees and the Code of Banking Practice – compliance with the Banking Code required to enforce a guarantee
Case Note by Kieran Hickie and Andrew Kirby. The recent decision of the Supreme Court of Victoria in National Australia Bank Ltd v Rice  VSC 10 highlights that care and attention must be taken by banks and lenders to ensure compliance with the Banking Code is taken in order for guarantors to understand their rights and liabilities under a guarantee. Non-compliance with the requirements of the Banking Code can result in guarantees not being enforceable.
Article by Kieran Hickie and Andrew Kirby. Reforms to the summary judgment procedure in the Supreme Court of Victoria and the County Court of Victoria now provide for one streamlined test in respect of summary judgment applications.
Case Note by Paul Czarnota. The German case of Pechstein v ISU has thrown some doubt over the validity and enforceability of arbitral awards rendered by the Court of Arbitration for Sport, the arbitral tribunal established to determine international sporting disputes. Pechstein may provide a future avenue for challenging sports arbitral awards globally, and in Australia.
Case Note by Simona Gory. Civil forfeiture of asset proceedings may need to be stayed pending finalisation of the relevant criminal proceedings, at least in circumstances where the offences and circumstances relied on in the forfeiture proceeding are substantively identical to the criminal proceedings and there is no prejudice to the Commissioner arising from a delay to the forfeiture proceedings.
Article by Cam Truong. A short excursion into the aftermath of the Timbercorp Group collapse that included an unsuccessful grower class action and appeal, and currently hundreds of proceedings being pursued against and resisted by, individual growers. Looming test cases.
Case Note by David McAndrew. The Court of Appeal has found that interlocutory applications to restrain recourse to performance bonds generally fall into a special category when it comes to whether the Court should exercise its discretion to decide a question of law/construe the recourse provision. A mere assertion of reputational damage in the event of recourse will not suffice to demonstrate likelihood of irreparable harm.
A plaintiff suffers hurt, embarrassment and reputational damage as a result of the defendant’s publications. Parts of those publications are clearly defamatory; other parts, although hurtful and damaging, are not. How are damages to be assessed?
Submission by Helen Tiplady
Kennedy v Shire of Campaspe  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.
Insurance –– Exclusion of liability under insurance contract – Whether restrictions or limitations were inherent in the claim – Whether Insured’s claims outside the scope of policy – Construction of section 54(1) of the Insurance Contracts Act 1984 (Cth)
Croft J was asked to consider whether a hearing before the AFL Anti-Doping Tribunal was a “domestic commercial arbitration” pursuant to the Commercial Arbitration Act 2011 for the purpose of issuing subpoenas to compel third parties to give evidence or produce documents.
What connections between a lawyer and a litigation funder are appropriate in class actions and other litigation
Circumstances in which lawyers who are connected with litigation funders and stand to benefit from a contingency fee arrangement (either directly or indirectly) – will be restrained from continuing to act in order to protect the integrity of the judicial process and the due administration of justice.
Justice Hargrave has declined to follow the earlier decision of Justice Pagone in Solak v Bank of Western Australia Ltd  VSC 82. The cases involved the construction of a registered “all monies” mortgage which included a forged mortgage document and a forged loan agreement. Justice Hargrave followed New South Wales Court of Appeal decisions in holding that the mortgage effectively secures nothing because the underlying loan documents had been forged.