Recent Cases

August 08, 2021
Published in Recent Cases

Subject: DEFAMATION - Catchwords: Defamatory imputation – defence of justification – common law and statutory qualified privilege - triviality

August 08, 2021
Published in Recent Cases

TRADE PRACTICES – Misleading or deceptive conduct – Sale of goods – Representations –Reliance – Oral representations as to suitability of seeds – Whether representations made – Whether relied on – Findings of fact – No error – Appeal dismissed – Trade Practices Act 1974 (Cth) ss 52, 53(c).

May 03, 2021
Published in Recent Cases

DISCOVERY – Where a plaintiff seeks discovery of documents in respect of potential lifetime transactions of the deceased – Grounds for discovery in a family provision application – Whether special circumstances required to be shown – Dinakis & Zurcas v Zurcas & Ors [2013] VSC 79 applied – Application refused.

May 03, 2021
Published in Recent Cases

FAMILY PROVISION — Where deceased bequeathed a one-hundredth share of estate to his adult daughter — No dispute by defendant that provision for adult daughter fails to satisfy deceased’s moral duty to plaintiff — Where quantum in dispute — Plaintiff’s need — Insufficient evidence to determine plaintiff’s financial circumstances — Administration and Probate Act 1958 (Vic) ss 90, 91.

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