The Commercial Bar Association of Victoria Inc. A0120851O
If defective panels requiring removal were affixed to a building’s façade, by means of permanently sticking the panels to metal strips nailed or screwed into the structure of the building, does this constitute unintended or unexpected property damage at the time the panels were affixed?
Tips from Graincorp on converting an existing proceeding into a group proceeding:
For plaintiffs, it serves as a useful reminder of the requirements of a group proceeding under Part 4A of the Supreme Court Act 1986 (Vic).
For defendants, it provides guidance on how to tackle concerns with a group definition.
On 2 August 2023, the High Court of Australia unanimously allowed an appeal from the Commonwealth Director of Public Prosecutions and ruled that the meaning of the “value of the benefit” obtained from conduct that constitutes foreign bribery is the gross benefit (as opposed to the net benefit) obtained from the offending.
The Crimes Amendment (Combatting Foreign Bribery) Bill 2023 proposes to strengthen Australia’s foreign bribery laws principally by introducing a new absolute liability offence against bodies corporate for “failing to prevent bribery of a foreign public official” by an “associate”.
Do funds paid into court as security for costs pursuant to a consent order give rise to a security interest pursuant to s 12(1) of the Personal Property Securities Act 2009 (Cth) (PPSA)? No, according to the Honourable Justice M Osborne. However, it may be that other forms of security for costs do.
The Supreme Court of Victoria considered various claims including unconscionable conduct and claims under the NCC in respect of the plaintiff’s business and residential loans. The court dismissed the claims, finding the borrower had financial nous and the bank’s conduct was the ‘antithesis of unconscionable conduct’.
A Supreme Court judge, sitting as an Acting Member of VCAT, has refused an application for joinder of a party for the purpose of making a claim for contribution under Part IV of the Wrongs Act on the basis that VCAT lacked jurisdiction to hear the contribution claim.
The Western Australian Court of Appeal upholds a primary judge’s decision that an arbitral tribunal’s interim award on liability meant that the tribunal was functus officio and prevented it considering additional liability issues in a bifurcated arbitration.
Justice Black’s decision in Re BCA National Training Group confirms that s 561 of the Corporations Act 2001 (Cth) only operates where there is a contest between preferred creditors and a secured party in relation to circulating asset realisations.
The Full Court of the Federal Court recently considered the principles governing the preparation of expert evidence in New Aim Pty Ltd v Leung [2023] FCAFC 67.
This case note reviews a decision of the Full Court of the Federal Court on the question of whether or not a person seeking to trace money or property must first establish the existence of a fiduciary relationship. In analysing the divergent views evident in a number of cases, the Court unanimously held that a fiduciary relationship is not a precondition.
What happens when a regulator takes court action against a corporation alleging misconduct, and a class action is brought against the corporation for the same or similar alleged misconduct? This article introduces the debate around why class actions are brought in parallel to regulatory proceedings, and flags some of the case management issues that practitioners involved in parallel proceedings need to be across.
Litigation resulting from a vaguely-drafted deed of loan involving distressed borrowers tasked the NSWSC with a substantial exercise in characterisation of the deed’s operative provisions, resulting in a finding of a mortgage and revisiting of modern status of clogs on equity of redemption.
The Full Court rules that the Competition and Consumer Act 2010 (Cth) does not apply to the privatisation of Port Botany and Port Kembla.