It seems that the challenges to VCAT’s jurisdiction are never-ending. Recently, in Casualife Australia Pty Ltd v ANI Commercial Storage Pty Ltd [2023] VSC 576, Tsalamandris J held that a dispute about a particular lot of goods was exclusively within VCAT’s jurisdiction, notwithstanding the prosecution in the County Court of a dispute between the same …
Author Archives: lionelwirth
The limits of VCAT’s jurisdiction
The Court of Appeal has highlighted the severe restriction on VCAT’s jurisdiction that arises from federal issues. Practitioners conducting matters in VCAT will need to understand, and be vigilant of, the extent of federal jurisdiction and consider the consequences for disputes that are or might be in it, or might be brought within it. Introduction …
Removal from the roll for professional misconduct: a uniform law?
Does the application of uniform legislation in two different jurisdictions obtain uniform outcomes between the two jurisdictions? In a system under legislation starting with the word “Uniform”, in the one common law of Australia, this would be expected. But for lawyers who engage in professional misconduct, it might just be better (for them) to engage …
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Chorley abolished
The High Court has abolished the much-maligned so-called Chorley exception. Solicitors are no longer entitled to recover costs in respect of their time spent on their own litigation: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29. Background The law with respect to the power to award costs, as generally understood until Pentelow, was as …
Some interesting things
For something a bit different, this post concerns a few interesting law-related things rather than anything substantive. The Staircase The Netflix original series The Staircase is a documentary series following a murder prosecution in North Carolina. Not only is it entertaining as a human story, it provides a fascinating insight into the (criminal) litigation process …
The illusion of the prevention principle
The law will not allow a person to take advantage of his or her own wrongdoing. As a matter of a policy, this is uncontroversial and stands to reason. But how is this idea manifested in the law? Is it a rule of common law or a principle of equity? And what are the consequences …
The solicitor’s possessory lien
Most practitioners understand the solicitor’s lien well enough: a solicitor can hold a former client’s file as security for payment of the solicitor’s unpaid fees. This can be quite useful security where the solicitor holds a client’s documents, especially original documents that may be required for, say, a trial. But, as with so many aspects …
When can defaulting trustees plead their own default against fellow malefactors?
The Victorian Court of Appeal recently allowed an appeal against an order staying a proceeding brought by companies in liquidation against their former directors for knowingly assisting breaches of trust allegedly committed by the companies. The Court discussed the principles that operate in such circumstances. Nicholson Street Pty Ltd (receivers and managers appointed) (in liq) …
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Advocates’ immunity: intimate connection and finality
Yesterday, on 4 May 2016, the High Court delivered a judgment that should be of great interest to every lawyer working in litigation: Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16. Background Lawyers acting in litigation enjoy a number of privileges in their work. One of them is the right to make allegations …
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Romalpa clauses and the PPSA
It is not uncommon to see Romalpa clauses in commercial transactions involving the sale of goods. A Romalpa clause is a contractual term by which the parties agree that title in the relevant goods remains with the vendor until the purchase price is paid in full, even though the goods may be delivered to the …
Lionel Wirth 