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"Welcome to the new Commercial Court website of the Supreme Court of Victoria. The website will provide users with access to relevant news affecting the commercial law, all 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

9/02/2010 11:24 AM
Forrest v Commissioner of Taxation [2010] FCAFC 6Use SHIFT+ENTER to open the menu (new window).New
TAXATION – income tax – whether the appellant, pursuant to s 8-1 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) was entitled to deduct from his taxable income interest costs incurred from borrowing money for the purpose of purchasing a number of units in a trust – trust properly characterised as a fixed trust of income – held the interest costs incurred were an allowable deduction

TAXATION – income tax - whether a payment made from a company to a charitable trust at the appellant’s direction upon his resignation from the company was an eligible termination payment - held the payment to the charitable trust was payment made "in consequence of" the appellant’s resignation and therefore an eligible termination payment – held further, that deductibility as a donation to a charity was disallowed by the operation of s78A(2) of the Income Tax Assessment Act 1936 (Cth)

TAXATION – penalties – whether the omission of the eligible termination payment from the appellant’s taxable income constituted recklessness – whether the 50% penalty imposed was excessive – test of recklessness requires gross carelessness rather than mere negligence – held the conclusion not to include the eligible termination payment involved a reasonable professional judgment – penalty reduced to nil
Link to announcement: Forrest v Commissioner of Taxation [2010] FCAFC 6
Attachments:
9/02/2010 11:22 AM
Playcorp Group of Companies Pty Ltd v Peter Bodum A/S [2010] FCA 23 Use SHIFT+ENTER to open the menu (new window).New
TRADE PRACTICES – Misleading and deceptive conduct — s 52 of the Trade Practices Act – relevant date for the assessment of conduct - conduct not held to be misleading.

TORT – Passing off — establishing a reputation or secondary meaning in the product - whether the promotion and supply of similar articles is likely to deceive potential purchasers to believe the rival trader’s product was put out by or associated with the applicant or that the rival trader is itself associated with the applicant.

INTERPRETATION OF SETTLEMENT DEEDS AND RELEASES – Matters in contemplation of parties at the time release given.
Link to announcement: Playcorp Group of Companies Pty Ltd v Peter Bodum A/S [2010] FCA 23
Attachments:
9/02/2010 11:21 AM
Instyle Contract Textiles Pty Limited v Good Environmental Choice Services Pty Ltd (No 2) [2010] FCA 38Use SHIFT+ENTER to open the menu (new window).New
TRADE PRACTICES – misleading or deceptive conduct – application for interim and other relief

PRACTICE AND PROCEDURE – interim injunction – whether proof of irreparable injury is necessary in the circumstances

PRACTICE AND PROCEDURE – injunction sought at interlocutory stage – order mandatory in character and final in form – whether different standard applies

PRACTICE AND PROCEDURE – leave to file amended application and second further amended statement of claim

PRACTICE AND PROCEDURE – separate question - whether premature to order a separate question to be determined

PRACTICE AND PROCEDURE - setting aside part of a subpoena – whether documents sought are adjectivally relevant
Link to announcement: Instyle Contract Textiles Pty Limited v Good Environmental Choice Services Pty Ltd (No 2) [2010] FCA 38
Attachments:
9/02/2010 11:20 AM
Golden Gate Petroleum Ltd (ABN 090 074 785), in the matter of Golden Gate Petroleum Ltd (ABN 090 074 785) [2010] FCA 40Use SHIFT+ENTER to open the menu (new window).New
CORPORATIONS - offers of sale and sale of placement options - obligation of disclosure-failure to disclose - acquisition of shares invalid - seeking declaratory relief - each case to be decided on its merits - applicant acted honestly - no substantial injustice to third parties - declaratory relief granted
Link to announcement: Golden Gate Petroleum Ltd (ABN 090 074 785), in the matter of Golden Gate Petroleum Ltd (ABN 090 074 785) [2010] FCA 40
Attachments:
9/02/2010 11:19 AM
Peak Coal Limited (ACN 125 884 031), in the matter of Peak Coal Limited (ACN 125 884 031) (No 2) [2010] FCA 45Use SHIFT+ENTER to open the menu (new window).New
CORPORATIONS LAW – Scheme of Arrangement – s 411 of the Corporations Act 2001 (Cth) approval
Link to announcement: Peak Coal Limited (ACN 125 884 031), in the matter of Peak Coal Limited (ACN 125 884 031) (No 2) [2010] FCA 45
Attachments:
9/02/2010 11:18 AM
Vulcan Resources Ltd (ACN 100 072 624), in the matter of Vulcan Resources Ltd (ACN 100 072 624) (No 2) [2010] FCA 46Use SHIFT+ENTER to open the menu (new window).New
CORPORATIONS – scheme of arrangement - approved pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth)
Link to announcement: Vulcan Resources Ltd (ACN 100 072 624), in the matter of Vulcan Resources Ltd (ACN 100 072 624) (No 2) [2010] FCA 46
Attachments:
9/02/2010 11:17 AM
United Minerals Corporation NL (ACN 107 061 343), in the matter of United Minerals Corporation NL (ACN 107 061 343) (No 2) [2010] FCA 47Use SHIFT+ENTER to open the menu (new window).New
CORPORATIONS – scheme of arrangement - approved pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth)
Attachments:
9/02/2010 11:14 AM
Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 29Use SHIFT+ENTER to open the menu (new window).New
LANDLORD AND TENANT – leases and tenancy agreements – construction and interpretation – option to purchase included in lease – option exercisable within five year term of lease - whether option survives earlier termination of lease – LANDLORD AND TENANT – lessee’s covenants – as to permitted use of land – as to existence of necessary consents for permitted use – whether covenants breached – whether breach capable of being remedied - MISTAKE – equitable remedies – rectification – whether lessee’s covenant as to permitted use should be rectified for common mistake – ENVIRONMENT AND PLANNING – “existing use” rights – whether establishment of tree plantation permitted on land previously used for cattle grazing and pasture protection -
Link to announcement: Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 29
Attachments:
9/02/2010 10:33 AM
Stacks / Taree v Marshall [2010] NSWSC 34 Use SHIFT+ENTER to open the menu (new window).New
Link to announcement: Stacks / Taree v Marshall [2010] NSWSC 34
Attachments:
9/02/2010 10:27 AM
Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7Use SHIFT+ENTER to open the menu (new window).New
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where adjudication of claim for recovery of a progress payment – where adjudicator allowed recovery – where judgment obtained by filing adjudicator’s certificate – where legislation prohibited challenge to adjudicator’s decision – whether application for declaration that adjudicator’s decision void and for order setting aside judgment amounted to impermissible collateral attack on judgment.
ARBITRATION – CONDUCT OF THE ARBITRATION PROCEEDINGS – POWERS, DUTIES AND DISCRETION OF ARBITRATOR – GENERALLY – where legislation specified matters an adjudicator must take into account in making a determination – where adjudicator required to make a bona fide attempt to exercise powers under legislation – whether test for good faith broad or narrow
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where trial judge upheld the result of the adjudication – whether trial judge correct in finding that the adjudicator acted in good faith and accorded the respondent natural justice in determining the application.
Link to announcement: Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7
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:
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:
Fiduciary Loyalty by Matthew ConaglenUse SHIFT+ENTER to open the menu (new window).

Protecting the due performance of non-fiduciary duties

 

Fiduciary Loyalty presents a comprehensive analysis of the nature and of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance.

Link to announcement: Fiduciary Loyalty by Matthew Conaglen
Attachments:
Remarks of the Chief Justice at the International Commercial Arbitration ConferenceUse SHIFT+ENTER to open the menu (new window).
Remarks of the Hon Marilyn Warren AC Chief Justice of the Supreme Court of Victoria at the International Commercial Arbitration Conference:
Efficient, Effective, Economical? The Victorian Supreme Court’s Perspective on Arbitration 4 December 2009
Link to announcement: Remarks of the Chief Justice at the International Commercial Arbitration Conference
Attachments:
Supreme Court Commercial Court Bulletin No. 7/2009Use SHIFT+ENTER to open the menu (new window).
SUPREME COURT OF VICTORIA COMMERCIAL COURT BULLETIN No. 7/2009
Link to announcement: Commercial Court Bulletin No. 7/2009
Attachments:
Commercial Court Bulletin No 6Use SHIFT+ENTER to open the menu (new window).
SUPREME COURT OF VICTORIA COMMERCIAL COURT BULLETIN No. 6/2009
Link to announcement: Commercial Court Bulletin No. 6/2009
Attachments:
Chief Justice: Opening remarks at Commercial Law Conference Use SHIFT+ENTER to open the menu (new window).
Chief Justice
Link to announcement: Chief Justice: Opening remarks at Commercial Law Conference
Attachments:

 Education

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