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Resources
Discovery – A Victorian Guide
Are you a party to litigation and want to understand more about your discovery obligations? Maybe you are a self-represented litigant. Alternatively, are you a member of the profession and ...
Don’t help the hoodlums: Accessorial Liability
The accountants for Al Capone were lucky they didn’t live in the era of accessorial liability, as this parable explains… It is that time of the year again; the Easter ...
Limitations of Actions Act does not apply to claims in VCAT
The Supreme Court has recently determined that the Limitations of Actions Act 1958 (Vic) (LAA) does not apply to claims brought in VCAT. Of even more startling news is that ...
Claiming professional costs for compliance with a subpoena
Compliance with a subpoena is a painful duty that all citizens must bear. In this article, we discuss how professionals may claim for their time in complying with a subpoena ...
Limitation periods for building actions
As with other civil claims, causes of action in relation to building work are subject to limitation periods which limit the time in which these claims may be commenced. Limitation ...
Fearless Girl still stands in Federation Square
State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137; State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 3) [2021] ...
Are the proposed changes enough to assist potential litigants?
The law in Australia has not yet caught up with the advent of social media. It currently facilitates contributors in online environments to remain nameless and unaccountable. Commentary and criticisms ...
‘Hey, Google?’ A timely reminder from the Federal Court to ask questions about how to best uncover details of online reviews.
Many international social media companies hold key information about the authors of anonymous, online reviews to assist prospective litigants to consider whether substantive proceedings can and should be pursued in ...
Granny flats and the definition of a dependent persons unit. What is a moveable building?
The recent Victorian Civil and Administrative Tribunal (VCAT) decision of Mornington Peninsula SC v Premier Homes Pty Ltd (Red Dot) [2021] VCAT 94 provides valuable insight for the interpretation of ...
Registration and enforcement of foreign judgments in Victoria
There are many statutory, procedural and evidentiary requirements relevant to applications to register, recognise and enforce foreign and interstate judgments in Victoria. Interstate judgments can be enforced rather effortlessly in ...
The other side is attempting to vacate the trial date. What can I do?
No party to litigation is entitled to run a ‘perfectly prepared’ case at trial. As Justice Finkelstein once stated: One of the primary objects of a commercial court is to ...
Lacrosse Cladding Appeal: key findings and implications
On 26 March 2021, the Victorian Court of Appeal handed down the much-anticipated judgment in the matter of Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 ...
Litigation or Adjudication: considerations when a payment claim includes excluded amounts
There are a number of considerations to take into account when choosing whether to enforce an amount due under a payment claim through the courts or through an adjudication application. ...
Loss of the value of rights, or loss of opportunity: Talacko v Talacko
The case, Talacko v Talacko [2021] HCA 15, concerned the restitution of properties in Eastern Europe and the loss of opportunity to have those properties restored to family members in ...
Can a payment claim include a claim for retentions due under the contract?
The judgment in Foursquare Construction Management Pty Ltd v Chevron Corporation Pty Ltd [2020] VCC 1928 is the most recent in a series of decisions in the last year which ...
Can a payment claim include a claim for liquidated damages?
The Victorian Supreme Court case of VCON v Oliver Hume & Anor [2020] VSC 767 has confirmed the position in Victoria in relation to a claim for liquidated damages under ...
Is my claim suitable for determination by AFCA?
We have recently submitted numerous complaints with the Australian Financial Complaints Authority, otherwise known by the acronym AFCA, on behalf of clients. Clients have expressed interest in going down this ...
Protection Works
If your neighbour is undertaking building works close to the boundary of your property, the Building Act 1993 (Vic)(Building Act) may require them to carry out ‘protection works’ to ensure ...
When does the clock start running? Service of payment claims via a cloud-based information system
In BCS Infrastructure Support Pty Ltd v Jones Lang Lasalle (NSW) Pty Ltd [2020] VSC 739, Stynes J considered the service of payment claims via a cloud network, and when ...1 2