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Resources
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 ...
Security of payment claims and service by couriers
In Method Constructions Australia Pty Ltd v ABI Investment Holdings (Melbourne) Pty Ltd [2020] VCC 1797, Judicial Registrar Burchell considered whether a payment claim delivered by a courier was a ...
Biosecurity Act or Public Health and Wellbeing Act? Full Court considers the operation of an exclusion clause in an insurance policy
The consideration by the courts of exclusion clauses in insurance policies relating to pandemics is continuing. In this most recent decision, business losses caused by a state lockdown were held ...
New South Wales Court of Appeal finds for policy holders over insurers
In a decision that is anticipated to have wide ramifications, the New South Wales Court of Appeal handed down a decision on 18 November 2020 in the case of HDI ...
Government set to impose financial penalties on parties for ‘unfair contract terms’
It’s no secret that the Australian Consumer Law protects consumers and small businesses from unfair terms in contracts. For example, earlier this year, Uber Eats was forced to remove standard ...
Warming to freezing orders – the protection of employment related intellectual property
A freezing order, or Mareva injunction, is a mechanism that can be imposed by a court to freeze another party’s assets. A party may apply for a freezing order prior ...
The ultimate alibi? Probation periods and termination rights
Starting a new job can be a stressful experience. What can add to stress levels is how few rights a new employee has during a probationary period. Fortunately, a probation ...
Stand down ordered by private school ruled invalid by Fair Work Commission
The facts During May 2020, Peninsula Grammar in Mt Eliza moved to stand down dozens of its staff, telling them it could no longer afford to employ many of them ...
Grenfell Tower Inquiry – What you may not know
On 14 June 2017, a fire started on the fourth floor of the 24-storey Grenfell Tower block of flats in North Kensington, West London killing 72 people. The Grenfell Tower ...
Combustible Cladding – Progress notwithstanding a global pandemic
Combustible cladding has been at the forefront of the media and the building and legal industries since the Lacrosse tower fire in November 2014, Grenfell Tower inferno in June 2017 ...1 2