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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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.

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Civil Procedure, Property Cameron Charnley Civil Procedure, Property Cameron Charnley

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'.

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