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An Unreasonable Refusal To Settle? VWA v O’Brien - Mar 2017

In the matter of the Victorian Workcover Authority v Kevin Edward O’Brien [2017] VSC 68, a question arose as to whether the successful party was entitled to something other than a standard costs order following the rejection by the plaintiff of a Calderbank offer served prior to trial.  The decision of the Supreme Court of Victoria offers a timely reminder when considering how to frame or respond to an offer of settlement to resolve the substantive issues in dispute.

Partner, Ian Nathaniel and Senior Associate, Ben Hartley discuss further.

A Hastie claim for privilege - Hastie Group Ltd (in liq) v Moore [2016] NSWCA 305 - Mar 2017

The New South Wales Court of Appeal granted leave to appeal following a finding that certain documents relating to attempts to secure litigation funding were not privileged. 

Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, Jessica Casey, discuss further.

Rebecca Raskin v Mediterranean Olives Estate Limited (ACN 091 024 396) & ORS [2017] VSC 94 - Mar 2017

In the matter of Rebecca Raskin v Mediterranean Olives Estate Limited & ORS [2017] VSC 94 the Supreme Court of Victoria decided that an expert determination clause was not a submission to arbitration and it will be void for uncertainty where the clause does not provide for essential dispute resolution procedures.

Partner, Ian Nathaniel, Senior Associate, Ben Hartley and Law Graduate, Olivia Dalton, discuss further. 

Security for Costs: Fish markets go begging? Felan’s Fisheries Pty Limited [2016] NSWSC 1351 - Oct 2016

In the matter of Felan’s Fisheries Pty Limited [2016] NSWSC 1351, the Supreme Court of New South Wales decided that a company was not entitled to security for costs, whilst its directors who were sued in their individual capacity were. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evans, discuss further.

Termite retains its bite: Termite Resources NL (in liq) v Meadows [2016] FCA 1171 - Oct 2016

In the case of Termite Resources NL (in liq) v Meadows [2016] FCA 1171, the Federal Court dismissed an application to strike out a statement of claim for not pleading a cause of action. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Litigation funders on notice: Ryan Carter and Esplanade Holdings Pty Ltd v Caason Investments Pty Ltd & Ors [2016] VSCA 236. - Oct 2016

The Victorian Court of Appeal has upheld a decision to award costs against two non-parties. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Judgment in default and Accessorial Liability: Commissioner for Consumer Protection v Unleash Solar - Oct 2016

The Western Australian Commissioner for Consumer Protection issued proceedings against Unleash Solar Pty Ltd (Unleash Solar) and its sole director alleging misleading and deceptive conduct by Unleash Solar (amongst other things) and that the sole director was knowingly concerned in, or a party to the contraventions alleged. The proceedings were not defended by the respondents and the Federal Court ultimately entered judgment in default.  The case serves as a reminder of the matters to be taken into account when seeking a default judgment, particularly in circumstances where the orders sought relate to matters of contention, and the use of accessorial liability provisions. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Civil Procedure Act 2010 - Aug 2016

The Civil Procedure Act 2010 (the Act) is fast becoming a powerful rule book governing the conduct of civil proceedings in Victoria.  If litigants and their legal advisers do not follow it, then they do so at their peril.  We have utilised the Act for the benefit of a publicly listed company, and the Act is becoming an important tool in the conduct of litigation, particularly where parties or their solicitors stray from the conduct stipulated in the Act.

The Supreme Court has made recent rulings on the application of the Civil Procedure Act that are worthy of attention. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss further.
 

Can a foreign company be wound up in Australia? - Aug 2016

The short answer to this question is yes, under Part 5.7 of the Corporations Act 2010 it can. Read on as Partner, Ian Nathaniel and Senior Associate, Ben Hartley, explain.

Competition and Consumer Act – Legislative Change Following the Election - Aug 2016

With the recent Federal Election now done and dusted, it is likely the Turnbull Government will push on with legislative change to competition law in Australia. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss and explain the likely implications.

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