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Appeal against $1.8 million judgment in favour of domestic building insurer fails as appeal point not raised below

The New South Wales Court of Appeal has refused leave to add a ground of appeal against a judgment that the director of a building company and his wife indemnify an insurer for over $1 million paid out to home owners, as the appeal point on which the appellants now sought to rely was not raised before the primary judge.

Forged mortgage and loan documents give rise to a mortgage which secures nothing

Justice Hargrave has declined to follow the earlier decision of Justice Pagone in Solak v Bank of Western Australia Ltd [2009] VSC 82. The cases involved the construction of a registered “all monies” mortgage which included a forged mortgage document and a forged loan agreement. Justice Hargrave followed New South Wales Court of Appeal decisions in holding that the mortgage effectively secures nothing because the underlying loan documents had been forged.

What is an “arbitration”?

Are proceedings before the AFL Anti-Doping Tribunal an “arbitration” for the purposes of the Commercial Arbitration Act 2011 (Vic) such that ASADA is entitled to subpoenas pursuant to section 27A of the Act requiring witnesses to attend and produce documents before the Tribunal?

Young Asian barristers series pt II

Interview with Cam Truong. This is the second in a four part series of interviews between CommBar and some of the Asia Practice Section’s up-and-coming members who explain something about their backgrounds and how life at the Bar for a person of Asian heritage throws up challenges.

Young Asian barristers series

Interview with Angela Lee. This is the first of a four part series of interviews between CommBar and some of the Asia Practice Section’s up-and-coming members who explain something about their backgrounds and how life at the Bar for a person of Asian heritage throws up challenges.

2014 Victorian Civil Appeal Reforms: requirement for leave to appeal, new time limits, and no entitlement to an oral hearing

The Courts Legislation (Miscellaneous Amendments) Act 2014 implemented changes to the Supreme Court Act 1986 (Vic) that include a requirement for leave to appeal for all civil appeals, with limited exceptions, and there is no entitlement to an oral hearing for leave to appeal. The changes commenced on 10 November 2014, and the Supreme Court (General Civil Procedure) Rules 2005 were amended also.

This will hurt you more than me – validity of IV catheter patent upheld

Written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. In the proceeding B. Braun Melsungen AG v Multigate Medical Devices Pty Ltd [2014] FCA 1110, Pagone J held certain claims of two of B Braun’s patents for safety IV catheters valid and infringed by the conduct of Multigate. Both patents are for a safety needle protecting device for an intravenous catheter. Both claim the priority date of 12 June 1998 through the same chain of intermediate patents.

Discloser of confidential business plan almost misses out on the fruits of its labour

Written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. Where confidential information about a plan for corporate recapitalisation was disclosed and there was a subsequent development by the recipient and completion of the transaction without further recourse to discloser, the issue at trial was whether elements of confidentiality made out and whether equitable compensation is payable.