Law Blog

My blog features case notes and commentary about developments in corporate and commercial law, focusing on key decisions of the courts in both state and federal jurisdictions.

Click here to subscribe to my blog and receive an email whenever I write a new post.

Civil Procedure Cameron Charnley Civil Procedure Cameron Charnley

When making an offer on the steps of court can pay off

The defendants in a proceeding made a Calderbank offer to settle four days prior to trial — including a weekend. The plaintiffs rejected their offer, went on to lose at trial, and were ordered to pay indemnity costs as a consequence of the offer’s rejection. The decision in SSABR Pty Ltd v AMA Group Ltd (No 2) [2024] NSWSC 24 explains why.

Read More
Civil Procedure Cameron Charnley Civil Procedure Cameron Charnley

Independence and candour in an expert witness

In ruling on the admissibility of expert evidence in a proceeding involving allegations of directors’ breach of fiduciary duties, the Supreme Court has addressed some key issues relating to expert witnesses. The Court’s decision in Finance & Guarantee Company Pty Ltd v Auswild (Expert Evidence Ruling) [2019] VSC 665 serves as a reminder of the importance of independence and candour in an expert. The ruling also reiterates the need for transparency in an expert report so far as assumptions and material relied upon are concerned. It is a useful decision to bear in mind whether one seeks to admit or to exclude expert evidence in a proceeding.

Read More
Appeals, Civil Procedure Cameron Charnley Appeals, Civil Procedure Cameron Charnley

Suing for interest on a ‘debt or sum certain’

A person who succeeds in recovering a ‘debt or sum certain’ in litigation is entitled to interest on that amount unless there is good cause to the contrary. But what qualifies as a ‘debt or sum certain’? If you sue for an amount in the form of compensation and are paid it before judgment is entered, have you ‘recovered’ that amount? The Victorian Court of Appeal has recently addressed these concepts in the case of Carbone v Melton City Council [2020] VSCA 117.

Read More
Appeals, Civil Procedure Cameron Charnley Appeals, Civil Procedure Cameron Charnley

What do you know about the rule in 'Jones v Dunkel'?

Practitioners may be aware of the ‘rule in Jones v Dunkel’ and the way this can impact the decision to call witnesses at trial. Practitioners might not be aware, however, of the intricacies of the rule and the way it ought be applied. A recent decision of the Supreme Court provides a useful caption of the rule and its relevant principles.

Read More
Appeals, Civil Procedure, Contract Cameron Charnley Appeals, Civil Procedure, Contract Cameron Charnley

When the distinction between debt and damages can make all the difference

Among the more common forms of relief sought in civil litigation are claims for payment of debt and claims for damages. While these are distinct remedies with their own elements, they are at times liable to be conflated or confused. The decision of the Victorian Court of Appeal in Yang v Finder Earth Pty Ltd [2019] VSCA 22 illustrates how both the pleading of a cause of action and the framing of the relief sought can affect a party’s procedural rights. The decision serves as a reminder of the importance of clear and thoughtful pleading when formulating claims.

Read More
Civil Procedure Cameron Charnley Civil Procedure Cameron Charnley

Counting the (legal) costs of discontinuing a proceeding

Perhaps just as significant as the decision to commence a proceeding is the decision to discontinue it. While the discontinuing party may be liable to pay the other side’s costs, the matter is at the court’s discretion. The recent decision Supreme Court decision in Course v Hannan & Ors [2018] VSC 401 demonstrates some of the factors a court can consider when determining the question of costs of a discontinued proceeding.

Read More
Appeals, Civil Procedure Cameron Charnley Appeals, Civil Procedure Cameron Charnley

Got a hunch? Navigating the rules of preliminary discovery

The rules of most Victorian courts permit a party, in certain circumstances, to obtain discovery of material prior to commencing proceedings. This is especially vital in assisting a party to ascertain who, or by what cause of action, it can sue. Like many rule-based tests, there can be some confusion about the requirements, as well as the discretionary factors, for obtaining preliminary discovery. The Supreme Court in a recent appeal decision in Alex Fraser Pty Ltd v Minister for Planning [2018] VSC 391 has shed some light.

Read More
Appeals, Civil Procedure Cameron Charnley Appeals, Civil Procedure Cameron Charnley

Take care not to waive privilege when pleading your case

Legal professional privilege provides vital protection to communications passing between lawyer and client. It is no surprise, then, that the issue of waiver of privilege is often hotly contested. In a recent decision, the Victorian Court of Appeal considered whether the way a party had pleaded its case had resulted in an implied waiver of privilege. The Court’s decision provides a useful analysis of the law relating to waiver and the potential circumstances in which a pleading can give things away.

Read More
Civil Procedure, Contract, Equity and Trusts Cameron Charnley Civil Procedure, Contract, Equity and Trusts Cameron Charnley

Seeking an injunction? The court might award damages instead

A person may apply to a court for an injunction in order to prevent threatened or actual and ongoing infringement of that person’s legal rights. When hearing an application for an injunction, most courts have jurisdiction to award damages instead of, or together with, an injunction. The Queensland Supreme Court has recently provided some guidance regarding the circumstances in which a court might do so.

Read More
Civil Procedure, Contract, Property Cameron Charnley Civil Procedure, Contract, Property Cameron Charnley

What is a ‘retail tenancy dispute’? Navigating the statutory regime

Disputes regarding retail tenancies are typically the exclusive province of the Victorian Civil and Administrative Tribunal. Nonetheless, the Supreme Court of Victoria in the recent case of AMJE Pty Ltd v Mobil Oil Australia Pty Ltd [2016] VSC 777 held that the Court possesses jurisdiction in circumstances where, turning on a point of statutory interpretation, the plaintiff had made a claim that was not in fact a ‘retail tenancy dispute’ in the strict sense.

Read More
Appeals, Civil Procedure Cameron Charnley Appeals, Civil Procedure Cameron Charnley

Seeking security for costs? Be quick, and ask the right questions

The Court of Appeal in Australian Dream Homes Pty Ltd v Stojanovski [2016] VSCA 38 recently considered an application for security for costs. The Court’s decision provides some guidance for parties seeking to make such applications, highlighting in particular the importance of enquiring about the financial health of the opponent as well as the relevance of delay.

Read More