The question of what a person should do if they are aware that they hold trust property but are not sure of the terms of the trust because the trust deed cannot be found is not a question that comes before the courts very often. However, the question did come up recently in the case of Porlock Pty Ltd. Read about the case here.
‘Common fund’ order refused at an early stage of a class action brought under Pt IVA of the Federal Court of Australia Act 1976 (Cth)
In Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq), Wigney J of the Federal Court of Australia refused to make a ‘common fund’ order at an early stage of a class action commenced pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth). However, his Honour commented that there might be a case for parliament to reform the class action regime in Pt IVA to provide for some form of ‘common fund’ approach to deal with the reality of commercial litigation funding in class actions. Read about the case here.
Posted in Papers
Law Council of Australia: Royal Commissioners entitled to same respect as Judges
The President of the Law Council of Australia has issued a Media Statement MS# 1508 dated 18 August 2015 describing the public attacks on the Royal Commissioner, Mr Dyson Heydon AC QC, “being played out through the media”, as “unacceptable” and as damaging the basis on which Courts and tribunals operate. The Statement notes that the person who sits as a Royal Commissioner is entitled to the same respect as a Judge in a Court and that Mr Heydon is a highly regarded former judicial officer. The Statement goes on to say that the proper way to deal with any question of bias is to make an application for the Commissioner to recuse himself, and for the Commissioner to consider and rule on the application.
Posted in News
Solicitor’s lack of expertise and resources inflated the costs charged to his client
The recent case of LM -v- K LAWYERS serves as a timely reminder that a solicitor who lacks the expertise and proper resources to conduct proceedings on behalf of a client should obtain the assistance of a suitably experienced barrister. Read about the case here.
Posted in Papers
Affidavit evidence: The problems which arise where affidavits of different witnesses use identical language
Numerous cases have addressed the problems which arise where an affidavit of one witness uses identical or substantially identical language to that found in the affidavit of another witness. Read what the courts have said about such evidence here.
Posted in Papers
