Update on Victorian petroleum moratorium
The Court of Appeal recently decided a case about the interpretation of the moratorium on petroleum exploration under the Petroleum Act 1998 (Vic).
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Premature Statutory Payment Claims
The Supreme Court of Victoria has held that payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic) served before a “reference date” are invalid, notwithstanding a contractual deeming provision to the contrary.
The limitation period under s 14(4)(b) of the Security of Payment Act
An item of work in a payment claim which has not been paid may be claimed again and again as a component of successive payment claims provided the payment claim itself is valid. The limitation period in s 14(4)(b) of the Security of Payment Act only applies to the payment claim.
Interlocutory or final relief? The interpretation of recourse provisions in injunction proceedings
The Court of Appeal has found that a judge’s exercise of the discretion to construe a recourse provision on an ‘as if final’ basis on an application for an interlocutory injunction to restrain recourse to performance securities miscarried.
Fraud in a public law context: less bloody than its common law cognate
A majority of the Full Court of the Federal Court has found that fraud by an agent can stultify the function of a tribunal. The fraudulent conduct need not be of the ‘red blooded’ species proscribed by the common law.
Injunctions to restrain a third-party pending the remaking of an administrative decision
Can a court issue an injunction to restrain a third-party from taking action that would threaten the subject of judicial review proceedings after it has set aside a decision and ordered that it be remade according to law?
Uncommon evidentiary hurdles arise in enforcing historical, complex tail-end ‘Great Southern’ loans
A combination of years’ delay in enforcement and complex loan documentation created an evidentiary ‘perfect storm’ for the lender, which found itself saddled with documentation that did not tell a coherent story, leaving even the identity of the lender in dispute.
Aggravated damages in Wagner v Nine Network Australia Pty Ltd
The Wagner brothers, who sued the publishers of a 60 Minutes broadcast regarding the 2011 Grantham floods, have been awarded considerable damages, including aggravated damages. The judgment reminds publishers of the importance of appropriate pre-publication steps.
Judicial review of executive power: the unreasonableness ground
In Australia, it is presently unclear whether and to what extent the unreasonableness ground applies to administrative action based on non-statutory executive power. Earlier this year, Robertson J handed down a decision which advances the limited jurisprudence in this area.
Not so super(annuation): the Full Court of the Federal Court on financial product advice and fairness
Financial services providers take note: the Full Court of the Federal Court has shifted the distinction between personal and general advice, and indicated that sharp practice that disadvantages consumers will not be tolerated.
Fearless in the face of bull: using Australian discovery in US litigation
Copyright – exclusive rights in respect of commissioned artwork in the US – replica artwork sold by the artist for a similar purpose in Australia
Practice and procedure – separate proceedings in the US arising from same events – obligation to use discovered documents only for the proceeding in which they were originally produced (“Harman obligation”) – circumstances warranting release or modification of the Harman obligation
Motor tyre brand overcomes a MONSTER obstacle
Trade marks – opposition – whether applicant “true owner” – marks used by associated company of the applicant – whether marks used under licence – whether likelihood of confusion – reputation in trade marks – relevance of prior use
Evidence – admissibility – admissibility of archived internet documents sourced through the “Wayback Machine” – whether business records
BEGAs can’t be choosers
Trade mark – trade mark licensing agreement – whether trade mark owner’s plans to brand other products with the licensed mark in breach of the agreement – whether trade mark licensee in breach of agreement
Practice and procedure – discovery – confidentiality – circumstances warranting access limitations additional to the Harman obligation – whether parties “trade rivals” – centrality of documents to issues in the proceeding
The 2019 Rugby World Cup – when typhoons interrupt the game
Rugby World Cup Limited issued misconduct charges against the Scottish Rugby Union alleging that comments it made in relation to the management of Typhoon Hagibis were unfair, untrue and brought Rugby World Cup Limited into disrepute. This article considers the findings of the Disputes Committee.