| Mateljan v HTT Huntley Heritage Pty Ltd (NSWCA) - equity - assignment - appellant’s application to be substituted for company in appeal proceedings dismissed
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| Montclare v Metlife Insurance Ltd and Rivkin Direct Insurance Agencies Pty Ltd (VSCA) - stay - pleadings - extension of time - determination of four applications - application for stay dismissed subject to undertakings - no need to extend scope of stay application - application granted to amend application for leave to appeal - extension of time granted
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| Bodycorp Repairers Pty Ltd v Oakley Thompson & Co Pty Ltd (VSCA) - stay - security for costs - application for stay refused - application for security for costs granted
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| Raper v Bowden (TASSC) - negligence - plaintiff injured while riding quad bike in course of employment - application for separate determination of liability dismissed
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Dear
Subscriber 1. Today
we have the first session on Marketing for Law firms by Rob Knowsely in
discussion with Louise Blase. 2. It’s
a great session. 3. For
Benchmark CLE subscribers we have prepared notes which we will forward to them
at their request. 4. Also
for Benchmark CLE subscribers at their request we will forward them an advice
notice evidencing when they accessed this production. 5. We
also have a series of questions for Benchmark CLE subscribers which we will
send to them at their request. 6. You
should watch on Wi-Fi to avoid excess data usage charges. 7. We
will be in the next few days publishing some productions which are exclusively
for Benchmark CLE subscribers. Warm
regards
Alan
Conolly for Benchmark
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| Benchmark Television |
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| Marketing in Law Firms (Part 1) |
| Rob Knowsley presents in discussion with Louise Blase on marketing for law firms based on 40 years experience - gold. |
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| Summaries With Link (Five Minute Read) |
Mateljan v HTT Huntley Heritage Pty Ltd [2016] NSWCA 20
Court of Appeal of New South Wales
Gleeson & Leeming JJA; Emmett AJA
Equity - assignment - appellant sought to be substituted for Land Enviro Corp Pty Ltd (LEC) as appellant in appeal proceedings in relation to orders made by judge of Equity Division - appellant claimed entitlement by way of assignment from LEC, to benefit of causes of action in appeal proceedings - respondents contended purported assignment ineffective - purported assignment’s mechanism - insolvencies - substitution motions - ss5, 27, 58, 115, 116, 178 & 179 Bankruptcy Act 1966 (Cth) - s77 The Commonwealth Constitution - s420 Corporations Act 2001 (Cth) - ss3, 4 & 6 Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) - s87 Trade Practices Act 1974 (Cth) - held: substitution motion dismissed.
Mateljan
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Montclare v Metlife Insurance Ltd and Rivkin Direct Insurance Agencies Pty Ltd [2016] VSCA 18
Court of Appeal of Victoria
Tate & Osborn JJA
Stay - pleadings - extension of time - determination of four applications by applicant - applicant sought stay of execution of costs orders, to amend application for leave to appeal, extension of time to amend application for leave to appeal and to extend scope of stay - risk of bankruptcy if orders executed - held: application for stay dismissed subject to undertakings - no need to extend scope of stay application - application granted to amend application for leave to appeal - extension of time granted.
Montclare
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Bodycorp Repairers Pty Ltd v Oakley Thompson & Co Pty Ltd [2016] VSCA 19
Court of Appeal of Victoria
Tate & Osborne JJA
Stay - security for costs - applicant sought to stay orders pending determination of application for leave to appeal and proposed appeal - respondent sought that applicant provide security for costs of proposed appeal under r64.38(2) Supreme Court (General Civil Procedure) Rules 2015 (Vic) or s1335(1) Corporations Act 2001 (Cth) - prejudice - whether there were special circumstances due to applicant’s lack of resources - held: stay application was premised on risk which was hypothetical and which Court did not accept had probable substance - there was risk of prejudice to respondent if stay granted - stay refused.
Bodycorp
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Raper v Bowden [2016] TASSC 9
Supreme Court of Tasmania
Holt AsJ
Negligence - plaintiff injured when riding quadbike in course of employment on defendant’s farm - injury occurred in crash when quad bike hit unmarked drain - defendants sought that question of liability be determined separately before other questions in proceeding - delay - fragmentation on appeal - cost - demarcation and overlap between issues - utility - fairness - r559(1)(b).Supreme Court Rules 2000 (Tas) - held: Court not persuaded to make order for separate determination of liability in proceedings - application dismissed.
Raper
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