What man dost thou dig it for? – Mine drilling technique patent found to be invalid
Patents – mine drilling techniques – novelty – best method – infringement by section 117 – need to establish primary infringement
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Characterising interests in funds paid into Court – PPSA security interests or not?
While courts have long wrestled with the proper characterisation of parties’ interests in money paid into court, the journey of judicial interpretation of the PPSA has only just begun. In Dura the Victorian Court of Appeal considered whether payments into court gave rise to security interests for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).
Enough already? The LSC’s recent pronouncements on your costs disclosure obligations
The Legal Services Council’s inaugural guideline and direction deals with lawyers’ costs disclosure obligations. Simply put, we are required to provides single figure estimates of our costs. But even the guideline and direction seems to recognize that things will rarely be that simple…
Predictable penalties: High Court rules that Barbaro does not apply to civil penalty cases
Civil penalty proceedings—Building and Construction Industry Improvement Act 2005 (Cth) — submissions as to “appropriate” penalty — whether relevant — whether Barbaro v R (2014) 253 CLR 58 applies
Pursuing a lawyer in VCAT for non-compliance with a notice issued under s 530B of the Corporations Act
A liquidator has successfully relied on legal profession disciplinary legislation to challenge a lawyer’s non-compliance with a s 530B notice. The result is that the dispute was heard and determined in VCAT, as opposed to the Supreme Court of Victoria which traditionally has jurisdiction over s 530B notices
CAS panel finds “strands in the cable” sufficiently strong to overturn the AFL Anti-Doping Tribunal’s decision
In this decision, the CAS used the ‘strands in the cable’ approach to the analysis of the circumstantial evidence before it, the majority concluding that it was comfortably satisfied that all players violated clause 11.2 of the 2010 AFL Anti-Doping Code
Court of Appeal confirms Banking Code obligation to exercise care skill and diligence
The decision of the Victorian Court of Appeal confirms that the Banking Code obligation to exercise care skill and diligence in assessing credit can (and will often) be incorporated as a contractual term into guarantees. This finding is likely to affect lenders’ risk assessments when considering ‘riskier’ loans
Potent antidote to denial: at behest of liquidators, court declares insurer must indemnify directors
Liquidators brought action against company directors under s 588M(2) of Corporations Act 2001 (Cth) – Liquidators sought to join third party insurer after insurer denied liability – Supreme Court had jurisdiction to grant declaratory relief on liquidators’ application – Meaning of justiciable controversy
Electricity network tariff reform: the household solar paradox
To encourage take-up of household solar, or to remove an inefficient cross-subsidy? The Federal Court dismisses SA Power’s challenge to the AER’s refusal of a higher network tariff for solar household customers
Excess progress payments refundable by builder where statutory warning not signed by the building owners
VCAT has determined that $654,568.00 in progress payments received by a builder was repayable as the building owners did not sign the warning in the contract that the progress payments were in excess of the statutory limits set out in section 40 of the Domestic Building Contracts Act 1998 (DBC Act)
Assignment of warranties under construction contract – did it apply to accrued causes of action?
A single judge of the Supreme Court of New South Wales has found that an assignment of contractual warranties in a contract to construct a container terminal was effective to assign causes of action that had accrued at the time of the assignment
The “long-arm” of Vizcaya – significance of the Privy Council decision and its impact on Australian common law and the Foreign Judgments Act 1991
Privy Council advice that addresses what is required for foreign judgements
Waiter! There’s a Chinese restaurant in my easement!
Civil procedure – non-party costs order against a party’s solicitor – solicitor also a director of client company – conflict of interest – LIV’s Professional Conduct and Practice Rules
Federal Court applies s 54 broadly (again)
In Pantaenius Australia Pty Ltd v Watkins Syndicate 0467 at Lloyds [2016] FCA 1 Foster J considered whether one insurer (‘Pantaenius’) could claim contribution from another insurer (‘Nautilus’) regarding damage to a yacht.
The case demonstrates that the courts continue to interpret the scope of s 54 of the Insurance Contracts Act 1984 (Cth) (‘ICA’) broadly, and beneficially to insureds. The case also confirms that a co-insurer can rely on s 54 to establish double insurance for the purpose of obtaining contribution.