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.
On 17 April 2015, the New South Wales Court of Appeal handed down judgment in the 15 year legal battle of NSW v Shaw  NSWCA 97 (NSW v Shaw), finding that there was no implied term of mutual trust and confidence in probationary employment contracts.
Domestic Building Contracts Act 1995 (Vic) applies to multi-apartment developments: Burbank Australia Pty Ltd v Owners Corporation  VSC 160, 29 April 2015, McDonald J.
The Supreme Court of Victoria was required to consider the application of the Domestic Building Contracts Act 1995 (Vic) to multi-apartment developments. McDonald J held that, subject to the nature of the works falling within the definition of “domestic building work”, the Act applies to multi-apartment developments and to developers of such developments.
The penalty doctrine and delay to practical completion caused by trivial events: Grocon Constructors (Qld) Pty Ltd v Juniper Developer No. 2 Pty Ltd & Anor  QSC 102, 23 April 2015, P. Lyons J
A modified AS4300-1995 contract defined practical completion to include an exhaustive list of both significant and trivial items of work. The builder argued that because the failure to attend to trivial items of work could trigger the liquidated damages clause, the clause was penal. The Queensland Supreme Court disagreed.
Important decision on the requirements of setting aside a will on the grounds that the testator did not know or approve of the contents. Useful study of “suspicious circumstances” necessary to displace the presumption of knowledge and approval created by due execution of a will.
Finding as to the existence of testamentary capacity overturned. The last exposition on capacity by the VSCA was over 10 years ago in Kantor & Anor v Vosahlo  VSCA 235 (‘Kantor’).
Handshake agreement did not waive or vary requirement in Mediation Agreement for a signed settlement agreement.
In Argos Pty Ltd v Corbell  HCA 50, the High Court held that an applicant whose profitability would be affected by a decision had standing under the AD(JR) Act.
The Victorian Supreme Court and Court of Appeal granted urgent enforcement of a Swiss arbitral award obtained by a Formula 1 driver against his former team.
Knight v Shuard  VSC 36 In the first decision under the Vexatious Proceedings Act, the Supreme Court has applied the new test for leave to proceed and denied Julian Knight the opportunity to...
The ACCC recently won a resounding victory against Coles in an action for statutory unconscionability. Coles is one of the two large supermarket retailers in Australia. Now the ACCC’s sights are set on the other large retailer: Woolworths.
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)