The Commercial Bar Association of Victoria Inc. A0120851O
Summary judgment for a statutory debt claim under security of payment legislation was refused because there was an arguable defence of misleading or deceptive conduct that was not a defence arising “under the construction contract”.
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.
A case study in the importance of compliance with overarching obligations, O44 and the Expert Code of Conduct by lawyers and experts and the serious consequences that can flow from any non compliance.
A majority of the Victorian Court of Appeal has found that VCAT is a “court” for the purposes of s8 of the Commercial Arbitration Act 2011 (the CAA) with the result that if a party to the arbitration agreement so requests, the Tribunal is precluded from hearing the proceeding and the dispute must be referred to arbitration.
The Queensland Court of Appeal unsurprisingly declares that members of the committee of an incorporated association are entitled to access and copy its business documents.