The Victorian Supreme Court has recently refused to grant an interlocutory injunction that would have had the effect of requiring specific performance of a contract. In addition to giving persuasive reasons for doing so, the decision in Hera Project Pty Ltd v Bisognin & Anor [2016] VSC 591 more broadly represents a useful illustration of the principles to be applied when considering an application for an injunction.

The Court of Appeal recently considered the effect of rescission and, in particular, its quality as an equitable remedy. The case of Gutnick v Indian Farmers Fertiliser Cooperative Ltd [2016] VSCA 5 shows how a judicial declaration of rescission can help a party seeking restitution.