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"Welcome to the Commercial Court website of the Supreme Court of Victoria. The website provides users with access to relevant news affecting commercial law, recent commercial decisions from the Supreme Court and other jurisdictions, points of research and a unique insight into the workings of the Commercial Court"

 News
12/03/2010 4:35 PM
E A Negri Pty Ltd v Technip Oceania Pty Ltd [2010] VSCA 44Use SHIFT+ENTER to open the menu (new window).
PRACTICE AND PROCEDURE – Whether primary judge erred in dismissing application to stay, or strike out, amended counterclaim – Whether primary judge erred in refusing separate trial of claims made against third party in amended counterclaim – Decisions interlocutory – Whether attended by sufficient doubt to warrant grant of leave to appeal – Leave to appeal refused.
Link to announcement: E A Negri Pty Ltd v Technip Oceania Pty Ltd [2010] VSCA 44
Attachments:
12/03/2010 10:43 AM
Legal Employment Consulting & Training Pty Ltd v Patterson & Anor [2010] NSWSC 130Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS – STATUTORY DEMAND – Application to set aside Statutory Demand – whether there is a genuine dispute as to the amount of the debt.

LEGISLATION CITED:
Corporations Act 2001 (Cth) – s 459G, s 459J(1)(b)
Legal Profession Act 2004 (NSW) - s 385(2)
Link to announcement: Legal Employment Consulting & Training Pty Ltd v Patterson & Anor [2010] NSWSC 130
Attachments:
12/03/2010 10:43 AM
Branalex Debstina Pty Ltd v Rossmore Mushrooms Pty Ltd & Ors [2010] NSWSC 146Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS – EQUITY – INTERLOCUTORY INJUNCTIONS – Whether there is a serious question to be tried – whether balance of convenience favours preserving the status quo until final determination if granting the injunction may permit the carrying on of an insolvent business.
Link to announcement: Branalex Debstina Pty Ltd v Rossmore Mushrooms Pty Ltd & Ors [2010] NSWSC 146
Attachments:
12/03/2010 10:41 AM
Tomanovic v Argyle HQ Pty Ltd; Tomanovic v Global Mortgage Equity Corporation Pty Ltd; Sayer v Tomanovic [2010] NSWSC 152Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS oppression proceedings alleged failure to carry out arrangements for separation of businesses no grounds under Part 2F.1 shown just and equitable ground of winding up where company is commercially viable
Link to announcement: Tomanovic v Argyle HQ Pty Ltd; Tomanovic v Global Mortgage Equity Corporation Pty Ltd; Sayer v Tomanovic [2010] NSWSC 152
Attachments:
12/03/2010 10:40 AM
Global Mortgage Equity Corporation Pty Ltd v GBW Nominees Pty Ltd [2010] NSWSC 153Use SHIFT+ENTER to open the menu (new window).
COSTS – Application to set aside Statutory Demand – whether defendant should bear the costs of the proceedings after withdrawing original Statutory Demand.
Link to announcement: Global Mortgage Equity Corporation Pty Ltd v GBW Nominees Pty Ltd [2010] NSWSC 153
Attachments:
12/03/2010 10:38 AM
Challenger Managed Investments Limited v Owners Corporation SP66609 [2010] NSWSC 157Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS – COSTS – Application to set aside Statutory Demand – whether Defendant creditor should bear costs on the indemnity basis when put on notice of fatal flaw in creditor’s Statutory Demand.
Link to announcement: Challenger Managed Investments Limited v Owners Corporation SP66609 [2010] NSWSC 157
Attachments:
12/03/2010 10:37 AM
Octaviar Ltd (No 8), Re [2010] QCA 45Use SHIFT+ENTER to open the menu (new window).
SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – THE MAKING OF A WILL – TESTAMENTARY CAPACITY – IN GENERAL – where application made for leave to apply under s 22 Succession Act 1981 (Qld) for an order under s 21 of that Act for a Court authorised will – where applicant is mother of proposed testator – where proposed testator had no prior will – where proposed testator had sustained permanent brain injury in a motor vehicle accident and lacks testamentary capacity – whether leave to apply for an order under s 21 should be granted – whether appropriate to authorise the will for the proposed testator – whether the costs of the application should be paid out of the assets of the proposed testator
Link to announcement: Octaviar Ltd (No 8), Re [2010] QCA 45
Attachments:
12/03/2010 10:36 AM
Deputy Commissioner of Taxation v Soiland Pty Ltd (In Liq) [2010] FCA 168 Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS - winding up - insolvency - application for review of winding up order - motion for approval nunc pro tunc for director to bring application in name of company - winding up order made by Registrar - nature of review proceedings - presumption of insolvency - court approval of director bringing application for review - whether necessary - criteria for review - relevant considerations
Link to announcement: Deputy Commissioner of Taxation v Soiland Pty Ltd (In Liq) [2010] FCA 168
Attachments:
12/03/2010 10:35 AM
Octaviar Investment Holdings No. 2 Pty Ltd (In Liquidation) ACN 108 248 737 [2010] FCA 184Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS – powers of liquidator – entry into agreement pursuant to s 477 of the Corporations Act 2001 (Cth)
Link to announcement: Octaviar Investment Holdings No. 2 Pty Ltd (In Liquidation) ACN 108 248 737 [2010] FCA 184
Attachments:
12/03/2010 10:34 AM
Vision (Brisbane) Pty Limited (ACN 106 860 664) (Administrators Appointed) in the matter of Vision (Brisbane) Pty Limited (ACN 106 860 664) (Administrators Appointed) [2010] FCA 186Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS – whether the period to convene the second meeting of creditors should be extended pursuant to s 439A of the Corporations Act – whether the liability of administrators should be limited.
Link to announcement: Vision (Brisbane) Pty Limited (ACN 106 860 664) (Administrators Appointed) in the matter of Vision (Brisbane) Pty Limited (ACN 106 860 664) (Administrators Appointed) [2010] FCA 186
Attachments:
  		 

 Publications
PRACTICE NOTE NO 1 OF 2010Use SHIFT+ENTER to open the menu (new window).

PRACTICE NOTE NO 1 OF 2010

Link to announcement: PRACTICE NOTE NO 1 OF 2010
Attachments:
Commercial Court Bulletin 1/2010Use SHIFT+ENTER to open the menu (new window).

SUPREME COURT OF VICTORIA

COMMERCIAL COURT BULLETIN

No. 1/2010

Link to announcement: Commercial Court Bulletin 1/2010
Attachments:
8th Commercial Court BulletinUse SHIFT+ENTER to open the menu (new window).
SUPREME COURT OF VICTORIA COMMERCIAL COURT BULLETIN No. 8/2009
Link to announcement: 8th Commercial Court Bulletin
Attachments:
Notice to the Profession 11/209Use SHIFT+ENTER to open the menu (new window).
Commercial Court List F
Link to announcement: Notice to the Profession 11/2009
Attachments:
Practice Note 2 of 2010Use SHIFT+ENTER to open the menu (new window).

Practice Note 2 of 2010 - Arbitration Business

Link to announcement: Practice Note 2 of 2010
Attachments:
Notice to the Profession 2009Use SHIFT+ENTER to open the menu (new window).

The Judge in charge of List G, Arbitration proceedings: the Hon. Justice Croft

Link to announcement: Notice to the Profession 2009
Attachments:
The Law of Options & Other Pre-emptive Rights 1st EditionUse SHIFT+ENTER to open the menu (new window).
This seminal work on options and other pre-emptive rights in Australia offers a one-stop resource for any legal or tax-based questions about the drafting, exercising and assigning of pre-emptive rights.

topics covered include:

• Pre-Emptive rights Generally
• The Nature Of An Option
• Elements Of A Valid Option
• Exercising An Option
• Assigning An Option
• Remedies For Breach Of Option
• First rights Of Refusal
• Labelled Pre-Emptive rights Bearing Other Characteristics
• Pre-Emptive rights In Joint Venture Agreements

The Law of Options by Donald Farrands (1992) returns reworked, expanded and updated, to provide a concise, invaluable guide to practitioners. It is an essential resource
Link to announcement: Link to estore
Attachments:
Guide to Commercial List Practice 1992 (Revised 1996)Use SHIFT+ENTER to open the menu (new window).
COMMERCIAL LIST GUIDE This small handbook is intended to be a guide to the practice adopted by the Judges sitting in the Commercial List of the Supreme Court. It is not intended to be a substitute for the relatively few Rules of Court applicable to the List which appear in Order 2 of Chapter II of the Rules of the Supreme Court, nor is it intended to lay down with precision how the Judges in the List will exercise their discretionary powers on every occasion. Since 1986 the Commercial List has been a judge-controlled list, designed to provide speedy but fair resolution of commercial disputes, so far as that is practicable. To that end the judges sitting in the list have exercised a wide discretion as to the type of cases admitted to the list and as to the control both of interlocutory process and the mode of trial. This guide is designed to give some indication of the manner in which that discretion has been exercised in the recent past and of the manner in which it will be exercised in the future.
Link to announcement: Guide to Commercial List Practice 1992 (Revised 1996)
Attachments:

 Education
Early Neutral Evaluation: What clients want and what cases need.Use SHIFT+ENTER to open the menu (new window).

• What is early neutral evaluation?

• How does it work?

• How does the process differ from mediation?

• What role do the Bar and Solicitors have to play?

Chair

Justice Jennifer Davies, Supreme Court of Victoria

Presenters

Professor Camille Cameron, Melbourne University, Faculty of Law

Ms Wendy Harris, Barrister, the Victorian Bar

Ms Abigail McGregor, Partner, Norton Rose

Early Neutral Evaluation is a new valuable tool for practitioners to secure early resolution of their clients’ disputes before incurring avoidable costs. Commercial decision making can be informed by informal judicial evaluation of key issues.

Modern commercial practitioners need to know how ENE works, when it might be effective and when to recommend it to their commercial clients.

Link to announcement: Early Neutral Evaluation: What clients want and what cases need.
Attachments:
National Credit Roadshow & Webcast for industryUse SHIFT+ENTER to open the menu (new window).
ASIC is hosting a National Credit Roadshow to help credit providers and businesses involved in assisting consumers obtain credit comply with the new National Consumer Credit Regime. The Roadshow will visit every state and territory capital and 24 regional centres from 15 February 2010 through to the beginning of April 2010.

Live webcast - A webcast of the Roadshow presentation will be streamed live on Thursday 4 March 2010 at 12.15pm AEST (Sydney/Melbourne - 12:15PM, Brisbane - 11:15AM, Adelaide - 11:45AM, Perth - 9:15AM). The webcast will provide people with an interactive opportunity to see and hear a Roadshow presentation as it is presented live. The webcast has been made available for those unable to attend a Roadshow.
Link to announcement: National Credit Roadshow & Webcast for industry
Attachments: