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 News
30/07/2010 12:19 PM
John Holland Group Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union & Ors [2010] VSC 322Use SHIFT+ENTER to open the menu (new window).New

EMPLOYMENT LAW – Variation of nominal expiry date in Australian Workplace Agreement – Election to vary made after repeal of Workplace Relations Act 1996 (Cth) – Variation not permitted under Workplace Relations Act 1996 (Cth), Fair Work Act 2009 (Cth) or Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) –Availability of common law rights – Whether agreement to vary constitutes a variation of the agreement.

CONSTITUTIONAL LAW – s 51(xxxi) Australian Constitution – Loss of contractual entitlement – Schedule 3 Item 9 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) – Law not one with respect to acquisition of property.

CONTRACT – Frustration – Benefit and performance – “Because of” – s 32ZI Fair Trading Act 1999 (Vic).

Link to announcement: John Holland Group Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union & Ors [2010] VSC 322
Attachments:
29/07/2010 2:21 PM
10-164AD ASIC releases guidance on a director’s duty to prevent insolvent tradingUse SHIFT+ENTER to open the menu (new window).
ASIC has today released regulatory guidance to assist directors to understand and comply with their duty under the Corporations Act 2001 (Corporations Act) to prevent insolvent trading.

‘ASIC first contemplated issuing guidance during the downturn in economic conditions when a rise in corporate insolvencies was expected. We thought that the market, including directors and their professional advisers, would benefit from clarification about the factors we consider when deciding to commence an investigation in relation to possible insolvent trading, and issued some proposals in November last year’, ASIC Commissioner, Michael Dwyer said.
Link to announcement: 10-164AD ASIC releases guidance on a director’s duty to prevent insolvent trading
Attachments:
29/07/2010 2:20 PM
10-165AD ASIC provides relief for parent entity financial statementsUse SHIFT+ENTER to open the menu (new window).
ASIC has today announced the making of a new class order, [CO 10/654], to allow companies, registered schemes and disclosing entities that present consolidated financial statements to also present parent entity financial statements.
Link to announcement: 10-165AD ASIC provides relief for parent entity financial statements
Attachments:
29/07/2010 2:19 PM
10-166AD ASIC establishes Markets Disciplinary PanelUse SHIFT+ENTER to open the menu (new window).
ASIC today announced the establishment of its Markets Disciplinary Panel and the initial membership. This confirms ASIC’s readiness to assume responsibility for the supervision of real-time trading on Australia's domestic licensed financial markets on 1 August 2010
Link to announcement: 10-166AD ASIC establishes Markets Disciplinary Panel
Attachments:
29/07/2010 2:18 PM
10-167MR Dr Pamela Hanrahan appointed Regional Commissioner for QueenslandUse SHIFT+ENTER to open the menu (new window).
The Chairman of ASIC, Mr Tony D’Aloisio, today confirmed the appointment of Dr Pamela Hanrahan as Regional Commissioner for Queensland.

‘ASIC’s regional commissioners play a vital role in ensuring ASIC understands developments and issues in their region and in engaging with ASIC’s external stakeholders and the State and Territory governments.Pamela’s appointment in Queensland continues the tradition of appointing someone to the role with outstanding credentials. It underlines ASIC’s strong commitment to its regional role and focus’, Mr D’Aloisio said
Link to announcement: 10-167MR Dr Pamela Hanrahan appointed Regional Commissioner for Queensland
Attachments:
29/07/2010 2:17 PM
Director of Public Transport v XFJ [2010] VSC 319Use SHIFT+ENTER to open the menu (new window).

Appeal pursuant to section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) – driver accreditation under the Transport Act 1983 (Vic) – proper construction of ‘suitable in other respects to provide the service’ – section 169(1)(b)(ii) – what was the Tribunal bound to take into account – Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-1986) 162 CLR 24 – section 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) - Tribunal not bound to have regard to community expectations and the maintenance of public confidence – no error of law – not persuaded that the Tribunal failed to take such matters into account – appeal dismissed.

Link to announcement: Director of Public Transport v XFJ [2010] VSC 319
Attachments:
29/07/2010 10:09 AM
Varma v Varma [2010] NSWSC 786Use SHIFT+ENTER to open the menu (new window).
PROMISSORY ESTOPPEL
alleged promises and representations made by father-in-law to plaintiff in relation to transfer of all of shares in company owned by father-in-law to plaintiff
before death of father-in-law two-thirds of shares were transferred to defendants
plaintiff claims that defendants held shares on constructive trust for plaintiff
principles requiring caution when relying on uncorroborated representations made by deceased person
HELD
plaintiff has failed to establish that a promise or representation was made that whole of company would be hers
no enforceable contract between father-in-law and plaintiff
defendants did not induce breach of contract
no express trust created in plaintiff’s favour
no promissory estoppel
CONSTRUCTIVE TRUSTS
consideration of nature of constructive trust and when it can be said to arise
UNDUE INFLUENCE
circumstances of relationship between father-in-law and defendants would have raised presumption of undue influence which was not rebutted on facts of case
relief not granted on basis of undue influence as no claim based on this ground was relied upon by plaintiff
undue influence was only relied upon to resist defence to claim for specific performance
Link to announcement: Varma v Varma [2010] NSWSC 786
Attachments:
28/07/2010 1:55 PM
Jackgreen (International) Pty Ltd [2010] NSWSC 817Use SHIFT+ENTER to open the menu (new window).
CORPORATIONS - receivers controllers and managers - receivers appointed out of court - whether sum payable to company is within charge held by receivers' appointor - liabilities of receivers - where company may be susceptible to civil penalty order under Queensland electricity legislation - whether personal liability may attach to receivers - receivers' lien in support of indemnity by company - proposed retention by receivers upon retirement - no demonstrated basis for finding of actual or contingent liability of receivers
Link to announcement: Jackgreen (International) Pty Ltd [2010] NSWSC 817
Attachments:
28/07/2010 1:54 PM
Re McDonald Family Trust No 1 [2010] VSC 324Use SHIFT+ENTER to open the menu (new window).
TRUSTS – Variation –Trustee Act 1958, s 63A.
Link to announcement: Re McDonald Family Trust No 1 [2010] VSC 324
Attachments:
28/07/2010 1:53 PM
Challenger Property Asset Management Pty Ltd & Anor v Stonnington City Council & Anor [2010] VSC 298 Use SHIFT+ENTER to open the menu (new window).
VALUATION AND COMPENSATION – Uplift application from Victorian Civil and Administrative Tribunal – Plaintiffs to this proceedings in substance the applicants to Victorian Civil and Administrative Tribunal proceeding – Victorian Civil and Administrative Tribunal bound to act according to substantial merits of the case - Valuation of Land Act 1960 ss 22, 23, Victorian Civil and Administrative Tribunal Act 1998 ss 97, 98
Link to announcement: Challenger Property Asset Management Pty Ltd & Anor v Stonnington City Council & Anor [2010] VSC 298
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 5/2010Use SHIFT+ENTER to open the menu (new window).
Supreme Court of Victoria
Commercial Court Bulletin 5/2010
Link to announcement: COMMERCIAL COURT BULLETIN 5/2010
Attachments:
COMMERCIAL COURT BULLETIN 4/2010Use SHIFT+ENTER to open the menu (new window).
Supreme Court of Victoria
Commercial Court Bulletin 4/2010
Link to announcement: COMMERCIAL COURT BULLETIN 4/2010
Attachments:
Tax Avoidance in Australia By G T PagoneUse SHIFT+ENTER to open the menu (new window).

Tax Avoidance in Australia provides a practical explanation of the workings of the main general tax avoidance provisions for income tax (Part IVA) and GST (Division 165).

Link to announcement: Tax Avoidance in Australia
Attachments:
Chief Justice remarks - 'Legal ethics in the era of big business, globalisation and consumerism"Use SHIFT+ENTER to open the menu (new window).
Remarks ‘'Legal ethics in the era of big business, globalisation and consumerism’ as given by the Hon. Marilyn Warren AC Chief Justice of Victoria on Thursday 20 May at the Joint Law Societies Ethics Forum Melbourne
Link to announcement: Chief Justice remarks - 'Legal ethics in the era of big business, globalisation and consumerism"
Attachments:
Commercial Court Bulletin No 3/2010Use SHIFT+ENTER to open the menu (new window).

Supreme Court Of Victoria

Commercial Court Bulletin No 3/2010

Link to announcement: Commercial Court Bulletin No 3/2010
Attachments:
Commercial Court Bulletin 2/2010Use SHIFT+ENTER to open the menu (new window).

SUPREME COURT OF VICTORIA

COMMERCIAL COURT BULLETIN

No. 2/2010

Link to announcement: Commercial Court Bulletin 2/2010
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:
Victoria's Commitment To Arbitration IncludingUse SHIFT+ENTER to open the menu (new window).

REMARKS OF THE hON. MARILYN WARREN AC

CHIEF JUSTICE OF VICTORIA

AT THE AUSTRALIAN CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION rECEPTION AT THE MELBOURNE OFFICE OF

MALLESONS STEPHEN JACQUES ON 13 MAY 2010

Link to announcement: Victoria's Commitment To Arbitration Including
Attachments:

 Education
Supreme Court of Victoria Commercial Law Conference Current Issues in Commercial LawUse SHIFT+ENTER to open the menu (new window).

Date Friday 13 August 2010

Venue Banco Court, Supreme Court of Victoria

210 William St, Melbourne

Time 2.00pm – 5.45pm

Cost $200 + $20 GST = $220

 

Registrations Close 10 August 2010

 

2:00pm-2:15pm Welcome - The Hon Justice Marilyn Warren, Chief Justice of Victoria and Professor Ian Ramsay, Melbourne Law School

2:15pm-3:00pm Cross Border Insolvency – Lessons from Lehman Brothers - Sandra Mayerson, Squire, Sanders & Dempsey LLP, New York; Commentary – Leon Zwier,

Arnold Bloch Leibler

3:00pm-3.45pm Insider Trading and Market Manipulation - Tony D’Aloisio, Chairman, Australian Securities and Investments Commission

3:45pm-4:15pm Afternoon tea

4:15pm-5:00pm The Growing Importance of Schemes of Arrangement - Key Legal Issues - Alan Archibald QC

5:00pm-5.45pm Alternative Dispute Resolution - The Hon Justice James Judd; Commentary – Professor Camille Cameron, Melbourne Law School

5:45pm Drinks

The conference is co-sponsored by the Supreme Court of Victoria and the Centre for Corporate Law and Securities Regulation, Melbourne Law School, in association with the Victorian Bar Association and the Law Institute of Victoria.

For further information please contact:

Ms Josephine Peters

Centre for Corporate Law and Securities Regulation

The University of Melbourne Law School

Victoria 3010

Email : j.peters@unimelb.edu.au

Tel : 03 8344 5281

Fax: 03 8344 5285

Link to announcement: Flyer and Registration Form
Attachments:
Aon Risk Services Australia Ltd v ANU [2009] HCA 27: What does this mean for litigation and how will it affect trial preparation?Use SHIFT+ENTER to open the menu (new window).

Chair

Justice Hartley Hansen, Supreme Court of Victoria

Presenters

Justice Clyde Croft, Supreme Court of Victoria, will speak on how the Courts are applying Aon.

Mr John Digby QC, the Victorian Bar, will speak on trial preparation under the Aon regime.

Ms Louise Jenkins, Partner, Allens Arthur Robinson, will speak on how to meet the challenges of timely and efficient preparation for trial.

Date: Thursday 19 August, 2010

Time: 5.15 pm – 6.15 pm

Venue: Neil McPhee Room Owen Dixon Chambers East Level 1, 205 William Street Melbourne VIC 3000

Cost: Free

RSVP: Monday 16 August, 2010 marketing@law.monash.edu.au or 03 9905 2630 Wine and nibbles will be provided afterwards, as well as tea and coffee.

Link to announcement: Aon Risk Services Australia Ltd v ANU [2009] HCA 27: What does this mean for litigation and how will it affect trial preparation?
Attachments: