Staying Informed - Law Institute of Victoria

Dr Philip Bender and Charlie Schaffer 01 Aug 2021

Extreme caution should be taken when pleading fraud during civil proceedings in order to avoid adverse cost orders under the Civil Procedure Act 2010 (Vic) against client and practitioner.

Civil Procedure

Federal Court judgments

Dan Star QC 01 Jun 2021

Appeal from primary judge rejecting agreed penalty and imposing substantially higher penalty.

Civil Procedure Courts Judgment Practice & Procedure

Class actions: Caught in a custody battle

Andrew Paull and Eleanor Toohey 01 Dec 2020

This article explores the tension between judge-led and legislative reform of the class action mechanism – a jurisprudential debate with deep historical roots.

Civil Procedure

Civil Procedure Act: A civilised profession?

Genna Angelowitsch 01 Mar 2020

At its commencement, some viewed the CPA as an aspirational guideline. Now, entering its 10th year, the courts have demonstrated their preparedness to put substance into the legislature’s ambitions, and sanction those who fail to comply...

Civil Procedure Legislation Litigation

Who gives way at the crossroads?

Andrew Field and Michael Rancie 02 Jul 2018

Should civil proceedings be stayed when an accused is also facing criminal proceedings?...

Civil Procedure Practice & Procedure

Solicitor in person costs

Andrew Tabone 06 Jun 2017

The LIV Costs Lawyers often receive queries from practitioners regarding their entitlement to recover professional costs in instances where they have appeared as a self-represented litigant....

Civil Procedure Courts Litigation Practice Management

Practice notes with byte

Julian Lambert 01 Apr 2017

New court guidelines encourage speed and efficiency in civil proceedings. The Supreme Court of Victoria and Federal Court of Australia have recently updated their technology in civil proceedings...

Civil Procedure Practice & Procedure

Book reviews

Law Institute Journal 01 Aug 2016

This month’s books cover western legal traditions, franchising, the international law of the sea and Sir Frederick Darley...

Civil Procedure Courts

The duty to cooperate further explained

Legal Practitioners' Liability Committee 19 Jul 2016

A recent decision of Babcock & Brown DIF III Global v Babcock & Brown International Pty Ltd [2015] VSC 612 sheds further light on the Supreme Court’s expectations and interpretation of the overarching obligation to cooperate...

Civil Procedure Courts Obligations

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