Homepage

Civil leave to appeal requirement considered

Submission by Helen Tiplady
Kennedy v Shire of Campaspe [2015] VSCA 47
In this recent decision, the Court of Appeal grappled, for the first time, with the test for the grant of leave for an appeal under the new civil appeals regime.

Domestic Building Contracts Act 1995 (Vic) applies to multi-apartment developments: Burbank Australia Pty Ltd v Owners Corporation [2015] VSC 160, 29 April 2015, McDonald J.

The Supreme Court of Victoria was required to consider the application of the Domestic Building Contracts Act 1995 (Vic) to multi-apartment developments. McDonald J held that, subject to the nature of the works falling within the definition of “domestic building work”, the Act applies to multi-apartment developments and to developers of such developments.

The penalty doctrine and delay to practical completion caused by trivial events: Grocon Constructors (Qld) Pty Ltd v Juniper Developer No. 2 Pty Ltd & Anor [2015] QSC 102, 23 April 2015, P. Lyons J

A modified AS4300-1995 contract defined practical completion to include an exhaustive list of both significant and trivial items of work. The builder argued that because the failure to attend to trivial items of work could trigger the liquidated damages clause, the clause was penal. The Queensland Supreme Court disagreed.

Deficiency in will execution procedure

Important decision on the requirements of setting aside a will on the grounds that the testator did not know or approve of the contents. Useful study of “suspicious circumstances” necessary to displace the presumption of knowledge and approval created by due execution of a will.

Unconscionable Purchasing?

The ACCC recently won a resounding victory against Coles in an action for statutory unconscionability. Coles is one of the two large supermarket retailers in Australia. Now the ACCC’s sights are set on the other large retailer: Woolworths.

Is a Domestic Sporting Tribunal hearing a Commercial Arbitration?

Croft J was asked to consider whether a hearing before the AFL Anti-Doping Tribunal was a “domestic commercial arbitration” pursuant to the Commercial Arbitration Act 2011 for the purpose of issuing subpoenas to compel third parties to give evidence or produce documents.