Under r 51.50 of the Uniform Civil Procedure Rules 2005 (NSW), the New South Wales Court of Appeal may, in “special circumstances”, order that such security as the Court of Appeal thinks fit be given for costs of an appeal. …
Security for costs of an appeal – special circumstances Read more »
Introduction The Victorian Court of Appeal in Modeca Investments Pty Ltd v Commonwealth Bank of Australia [2017] VSCA 203 has refused to set aside a creditor’s statutory demand for payment of a debt which was the balance of a loan …
The New South Wales Court of Appeal in Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197 has found that a deceased person lacked the capacity to make her last three wills because she did not understand the extent of …
Testamentary capacity – deceased lacked the capacity to make her last three wills Read more »
The Supreme Court of Western Australia in Lafferty v Waterton [No 3] [2017] WASC 230 has restrained a lawyer from acting as counsel for the plaintiff, his wife, because of a combination of factors: it would be difficult for him …
Lawyer husband restrained from acting as counsel for plaintiff wife Read more »
The Victorian Court of Appeal in Melbourne City Investments Pty Ltd v Myer Holdings Limited [2017] VSCA 187 has upheld the decision of a judge at first instance to stay a group proceeding as an abuse of process because the …