DEFAMATION – Publication – Whether the defendant’s Google reviews and online post were communicated to and comprehended by someone other than the…

Subject: CONTRACT, RESTITUTION - Catchwords: Agreement to sell café business – whether condition of sale agreement that balance of purchase price was…

1 In September 2020 Mr Davies made a request of the Victoria Police under the Freedom of Information Act 1982…

PRACTICE AND PROCEDURE – Leave to discontinue and cost consequences – Where defendant seeks costs on indemnity basis or from plaintiff personally…

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

INDUSTRIAL LAW – Application in a case for leave to join six additional parties as respondents to proceedings under the Fair…

INDUSTRIAL LAW – Fair Work – interlocutory application for summary dismissal – summary judgment – interlocutory application to strike out statement of claim – interlocutory…

PRACTICE AND PROCEDURE – COSTS – two distinct claims made in proceeding – plaintiff successful on claim which took most of time, unsuccessful…

TRADE PRACTICES – Misleading or deceptive conduct – Sale of goods – Representations –Reliance – Oral representations as to suitability of seeds – Whether representations…

DISCOVERY – Where a plaintiff seeks discovery of documents in respect of potential lifetime transactions of the deceased – Grounds for discovery…

FAMILY PROVISION — Where deceased bequeathed a one-hundredth share of estate to his adult daughter — No dispute by defendant that provision…

FAMILY PROVISION – Application for further provision by adult daughter of deceased – Where moral obligation to plaintiff conceded – Deceased bequeathed legacy…

The appellants filed a claim for trespass to land against the respondent in the Magistrates Court. It was alleged that…

FREEDOM OF INFORMATION – access refused under s 24 (practical refusal reason) of the Freedom of Information Act 1982 – whether request…

TRUSTS – Alleged misappropriation of trust property – wholly discretionary trust – trustee company transferred one of two properties held on trust to…

Wills and Estates - Application for revocation of probate

PRACTICE AND PROCEDURE — Application for whereabouts of proceeds of sale, alternatively, a freezing order — No point of principle — Supreme Court…

ADMINSTRATION OF ESTATES – Application to remove plaintiff as executor - Executor in the underlying proceeding alleges that the defendant beneficiary acted…

TORTS – Defamation - Injurious falsehood – Injunction sought until trial of proceeding – Whether prima facie case of injurious falsehood - No evidence of…

Application to restrain solicitors from acting – Whether solicitor engaged in improper conduct – Inherent jurisdiction of the court – Whether Solicitor breached…

Employment law - This is an appeal against an order of the Magistrates Court setting aside a default judgment.

Application for Summary Judgement, Summary Dismissal of plaintiff's proceeding

General Form of Order

Application for an unfair dismissal remedy – compliance with the Small Business Fair Dismissal Code – whether conduct amounted to serious misconduct…

Building and property list - Application for reinstatement - matter previously settled

COSTS – Where applicant sought revocation of a grant of letters of administration on intestacy – where applicant delayed and withheld relevant…

The Respondent seeks an order, pursuant to s 79 of the Victorian Civil and Administrative Tribunal Act 1998 (‘the VCAT…

Subject: Client Privilege – whether chain of emails confidential communication – legal advice - whether waiver for failing to object to production under…

STATUTORY INTERPRETATION – Text of legislation – Legislative intention – Whether Parliament intended to include the child of a deceased’s domestic partner within…

 Constructive trust – acquisition of property – failure of joint venture between mother and daughter.

PRACTICE AND PROCEDURE – interlocutory injunction – application for the continuation of interlocutory injunctions to restrain breach of negative stipulations in a…

Catchwords: Misleading and deceptive conduct – whether representations concerning suitability of a particular variety of broccoli seeds for transplanting at a…

TESTATORS’ FAMILY MAINTENANCE – Whether plaintiff is an eligible person under Administration and Probate Act 1958, Part IV – Whether a child…

Application for relief from unfair dismissal..

INDUSTRIAL LAW – Determination of compensation for loss suffered by the Applicant because of contraventions by the Respondent of s.340 of…

Practice - Third person's objection to a debt appropriation order - Third person is judgment debtor's indemnity insurer - Was there an available…

LEASES AND TENANCIES – Construction of a commercial lease – Law Institute of Victoria standard form lease. Whether landlord required to improve…

SUCCESSION LAW — Where deceased made no provision for adult daughter — Where moral duty to the applicant conceded — Where quantum in…

INDUSTRIAL LAW – whether Respondent contravened s.340 and s.351 of the Fair Work Act 2009 (Cth) (“the Act”) – seven contraventions pleaded…

PRACTICE AND PROCEDURE — Stay of civil proceedings pending determination of criminal proceedings — Two proceedings are brought by children of the…

CRIMINAL LAW – Offences – Breaches of load dimensional requirements by consignor and loader..

APPEAL AND NEW TRIAL – leave to argue ground of appeal not raised before primary judge – permission to raise argument not…

TESTATOR’S FAMILY MAINTENANCE – Application by adult able-bodied son – Jurisdictional requirements of Part IV of Administration and Probate Act 1958 (Vic),…

 Tort - Personal injury - Application by plaintiff for judge to review calculation of general damages 

 CORPORATIONS – director’s duties – misappropriation of company funds by a director

Claim by plaintiff under Part IV of the Administration and Probate Act 1958 – Plaintiff’s solicitor drew prior will of deceased…

ARBITRATION – Franchise agreement

Costs – plaintiff’s proceeding dismissed – application by defendant for indemnity costs or uplift to next applicable scale – offer of compromise made…

Catchwords: Provision of quotation for supply of timber and timber related product for use by plaintiff in tender process – whether…

Whether costs of mediation are “costs in the proceeding” – whether mediation by consent relevant – the role of mediation in a…

 ARBITRATION

Application is made under ss 473 and 504 of the Corporations Act 2001 (Cth) by the plaintiff, Ross John McDermott,…

TORT - injurious falsehood - where no actual damage alleged due to early grant of injunction to restrain publication - whether pleading discloses…

CONTRACT- guarantee and indemnity - judgement debt - interest on judgment - costs –contractual provision for indemnity costs - discretionary considerations - interest on costs…

Application for interlocutory injunction – where applicant claims respondent published statements on its website that are misleading and deceptive or likely…

EQUITY - loan agreement - specific performance

CONTRACT – guarantee given by former de facto partner – whether unconscionable conduct by lender 

CONTRACTS – appeal from dismissal of a cross-claim pleading that heavy earth-moving equipment sold was not fit for its intended purpose…

This proceeding comprises an application by the respondents for an order that the claims made by the applicants either be…

These are proceedings for injurious falsehood arising out of the publication of a large number of emails concerning the plaintiff…

Limitation of actions in an insurance claim.

CONTRACTS – commercial agreement – breach of a joint venture agreement relating to the sale and repurchase of earth-moving equipment - misleading and…

BANKRUPTCY – Appeal from sequestration order – where federal magistrate refused to adjourn creditor’s petition – federal magistrate allowed the creditor’s petition to…

Incorporated legal practice - Where two directors left practice and completed conveyancing files following their departure – ‘Exit’ proposal previously provided to…

The facts of this case are so fantastic as to strain credulity but they are true. In October 2007 Dr…

CORPORATIONS – oppression – majority ordered to purchase shares – value of shares – date of valuation – valuation methodology – fairness – business value – share value…

CONTRACT – short-term loan with high interest rate – higher interest rate payable on default – loan in default – whether interest rate a…

In this application, the defendant seeks an order under Rule 21.07 of the County Court Civil Procedure Rules 2008 that…

This is an application to review a decision of the respondent made 27 August 2010 in relation to refusing an…

This is an appeal, pursuant to s.604 of the Fair Work Act 2009 (the Act), by Mr M Robinson against…

Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is…

Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is…

Freedom of information – Appeal from orders of Victorian Civil and Administrative Tribunal setting aside the appellant’s refusal to process the…

This is an appeal from a decision of the Magistrates’ Court at Melbourne on 8 May 2009 dismissing a claim…

CONTRACT – Penalties – Applicable test in deciding whether liquidated damages clauses in hire purchase agreements were penalties – Whether test applied correctly…

DEFAMATION – pleading – fair comment – whether the defendants had pleaded the facts supporting the defence of fair comment.

DEFAMATION – pleading - fair comment - ruling made on 6 November 2009 that facts particularised by the defendant did not support the…

The plaintiffs seek relief in the nature of certiorari to quash orders made by the Magistrates’ Court at Sunshine on…

Credit – application to strike out/dismiss claim – whether Consumer Credit Code applies – whether business purpose declaration ineffective – whether doctrine of non…

Contract - Agreement to provide consulting services to prepare a company for a trade sale - Whether plaintiff entitled to recover for…

Credit - application to str ike out/dismiss claim - whether Consumer Credit Code applies - whether business purpose declaration ineffective - whether doctrine of…

The plaintiff (“Allforks”) claims against the defendant on guarantees the defendant executed on 24 January 2006 (the “guarantees”). The guarantees…

BANKRUPTCY – review of a sequestration order of a Registrar – proceeding can be amended by substitution of a petitioning creditort ... …

Seeking relief and orders in relation to the distribution rights to a software concept granted to it  ...

This is an application for leave to appeal from an interlocutory judgment ...

The applicant bankrupt seeks to set aside a sequestration order made against his estate on 27 September, 2005. 

COURTS AND JUDICIAL SYSTEM – cross-vesting – applicant commenced defamation proceedings in a Supreme Court

Catchwords: Contract - Sale of truck and concrete pump - Payment of balance of purchase price to be made approximately six months…

Claim for privilege against self-incrimination – compliance with an asset preservation order – whether reasonable grounds for witness objecting to giving evidence…