The Commercial Bar Association of Victoria Inc. A0120851O
The Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 (Vic) was given Royal Asset on 8 April 2014, and amends the Civil Procedure Act 2010 (Vic) (the “CPA”). The amendments mainly concern document management in the discovery process.
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 HCA disallowed a joint venturer’s claim to have derived a lump sum as constructive trustee. Alleged fiduciary duties owed to a non-venturer were not accepted. Alternatively, the venturer’s purported equitable assignment of his rights to the lump sum was not tax-effective.
The Halal Certification Authority has $10 in nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.
The UK Supreme Court has held that a 6-year limitation period applies to knowing receipt and knowing assistance claims. Will Australian courts apply the equivalent limitation provisions in the same way?
The Privacy Commissioner has recently determined that AeroCare Pty Ltd (Aerocare) breached the privacy of a blind airline passenger when asking a range of questions to the passenger regarding his medical condition, in front of the complainant’s sighted guide and various passengers in the departure lounge at the Sunshine Coast airport.
In a unanimous judgment, the High Court has held that the Births, Deaths and Marriages Registration Act 1995(NSW) (the Act) empowers the Registrars to register a person’s sex as “non-specific”.
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Following on from his Honour’s decision reported above, JAI Products asserted that, because the only patent claims upon which Damorgold succeeded were dependent on claims that had been found invalid, it was necessary for Damorgold to amend the patent pursuant to section 105 of the Patents Act before it was entitled to an order for injunctive relief. JAI Products plainly wished to argue that the Court should exercise its discretion not to amend the patent because of culpable delay or the like.
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Case note on Agapitos v Habibi [2014] WASC 47.
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Case note on Caffell & Falcon [2014] FamCAFC 34.
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Case noted on Bugatti GmbH v Shine Forever Men Pty Ltd (No 2) [2014] FCA 171.
Co-authored by Andrew Kirby and Kieran Hickie: The Court of Appeal has affirmed the importance of solicitors acting for mortgagees to ensure payout figures and settlement instructions provided to settlement agents are accurate. Following settlements of refinancing transactions, an outgoing mortgagee will not necessarily be prevented from asserting that settlement funds are insufficient to finalise settlement. Rather, they may demand the return of a discharge of mortgage handed over at settlement on the basis the borrower has not complied with its obligation to pay out the registered mortgagee in full.
Co-authored by Andrew Kirby and Kieran Hickie: Guarantors commonly have some association or relationship with a principal debtor. If proceedings are taken against a principal debtor, but not a guarantor, resulting in a binding judgment, the Victorian Supreme Court has recently held that in subsequent proceedings against a guarantor, the guarantor is not a ‘privy’ of the principal debtor and therefore is not bound by the determination of issues in the earlier proceeding.
A recent illustration of the stringency of the usual undertaking as to damages for a party who obtains an interlocutory injunction, where the injunction is later discharged and the proceeding lost.