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.
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Doggett v Commonwealth Bank of Australia: What does it take to be a diligent and prudent banker?
The Victorian Court of Appeal last week handed down its judgment in Doggett v Commonwealth Bank of Australia [2015] VSCA 351, a case which bears significant implications for the lending industry and which helps to answer the question, 'What does it take to be a diligent and prudent banker?'.
Applying to remove a caveat?
The recent Victorian Supreme Court decision in Yuksels Nominees Pty Ltd v Nguyen & Anor [2015] VSC 663 provides some useful guidance about the removal of caveats under the Transfer of Land Act 1958. The case also considers the relevance of other court proceedings instigated by the caveator and whether an application to remove the caveat might in such a situation be 'vexatious'.
Discovery obligations and sanctions under the Civil Procedure Act
The significance of the Civil Procedure Act 2010 and the role of legislative intent in determining its scope have been reiterated in a recent decision of the Victorian Court of Appeal.