REAL PROPERTY – Easement in gross under Electricity Industry (Residual Provisions) Act 1993 (Vic) – Certainty of intended purpose – Application of Land Compensation and Acquisition Act 1986 (Vic).
INJUNCTIVE RELIEF – Application by holder of easement to restrain defendants from denying access to land – Serious question to be tried – Balance of convenience – Relevance of absence of an undertaking as to damages by defendants.
CORPORATIONS – Managed Investment Scheme – Winding up by a person appointed under s 601NF(1) of the Corporations Act 2001 (Cth) – Conflict of duty – Person appointed to wind up the schemes also the liquidator of the Responsible Entity – Directions in winding up under s 601NF(2) of the Corporations Act – Approval of deeds of sale – Approval of mediated agreement as to costs, expenses and remuneration – Scheme liquidator excused from compliance with obligations arising under scheme constitution – Discharge of scheme liquidator on completion of winding up.
COSTS ― Judgment for plaintiff after defendant company withdrew defence ― Costs order in favour of plaintiff ― Insolvent defendant ― Application for company directors to pay plaintiff’s costs ― Principles applicable for costs orders against non parties ― Application refused
CONTRACT – Settlement agreement – Construction of agreement – Party-party costs of the proceeding to be taxed in default of agreement – Application for gross sum for costs instead of taxed costs – Application for increase of solicitors’ charges allowed on taxation of costs – Compromise approved by Court.
PRACTICE AND PROCEDURE – Costs – Power to allow increase in solicitors’ charges – Power to order gross sum instead of taxed costs – Supreme Court (General Civil Procedure) Rules 2005, rules 63.07 and 63.34.
Commercial Court Seminar, April 2012 - Good Faith and Fair DealingRay Finkelstein QCCommercial Court SeminarMonash ChambersWednesday 18 April 2012Speaking Notes
Dr Jeannie Paterson Melbourne Law SchoolCommercail Court SeminarWednesday 18 April, 2012Speaking Notes
Professor Duggan will speak about the issues in his forthcoming book chapter, ‘Front End Strategies for Improving Consumer Access to Justice’.
Date: Monday 4 June 2012 THIS IS A FREE SEMINAR BUT
Time: 1.00pm - 2.00pm REGISTRATION IS REQUIRED
Venue: Melbourne Law School
Ground Floor, Room G29
185 Pelham Street,