Willmott Growers Group Inc v. Willmott Forests Ltd (Receivers and Managers Appointed) (In Liquidation) in its capacity as manager of the unregistered managed investment schemes listed in Schedule 2 and Ors
Case No.
M53/2013
Case Information
Lower Court Judgment
29/08/2012 Supreme Court of Victoria (Court of Appeal) (Warren CJ, Redlich JA & Sifris AJA)
Catchwords
Corporations law – Liquidation – Liquidator of lessor disclaims lease agreement under s 568(1) of Corporations Act 2001 (Cth) – Whether disclaimer extinguishes leasehold interest – Whether leasehold interest survives termination of the lease agreement.
Documents
10/05/2013 Hearing (SLA, Melbourne)
24/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellant)
14/06/2013 Chronology (Appellant)
05/07/2013 Written submissions (First to Third Respondents)
19/07/2013 Reply
09/08/2013 Hearing (Full Court, Canberra)
04/12/2013 Judgment (Judgment summary)
Wingfoot Australia Partners Pty Ltd and Anor v. Kocak and Ors
Case No.
M52/2013
Case Information
Lower Court Judgment
23/10/2012 Supreme Court of Victoria (Court of Appeal) (Nettle, Osborn JJA, Davies AJA)
Catchwords
Statutes – Whether by virtue of s 68(4) of the Accident Compensation Act 1985 (“ACA”) a court is bound to accept medical panel opinions – Whether function exercised by medical panel under s 68 ACA is quasi-adjudicative/investigative – Appropriate content of right to reasons under s 68(2).
Administrative Law – Judicial review – Certiorari – Error of law on face of record – Whether failure to give adequate reasons constituted an error of law on the face of the record.
Documents
10/05/2013 Hearing (SLA, Melbourne)
23/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellants)
14/06/2013 Chronology (Appellants)
25/06/2013 Written submissions (Second and Third Respondents)
05/07/2013 Written submissions (First Respondent)
19/07/2013 Reply
14/08/2013 Hearing (Full Court, Canberra)
30/10/2013 Judgment (Judgment summary)
Diehm and Anor v. Director of Public Prosecutions (Nauru)
Case No.
B15/2012
Case Information
Lower Court Judgment
29/11/2011 Supreme Court of Nauru (Eames CJ)
Catchwords
Appeal from Supreme Court of Nauru - applicants convicted of rape - whether prosecution failed to call material witnesses and make them available for cross-examination by defence - whether failure to do so resulted in unfair trial and miscarriage of justice.
Documents
15/03/2012 Notice of appeal
05/02/2013 Written submissions (Appellants)
05/02/2013 Chronology (Appellants)
24/06/2013 Written submissions (Respondent)
05/07/2013 Reply
08/08/2013 Hearing (Full Court, Canberra)
30/10/2013 Judgment (Judgment summary)
Construction Forestry Mining & Energy Union v. Mammoet Australia Pty Ltd ACN 075 483 644
Case No.
P26/2013
Case Information
Lower Court Judgment
14/08/2012 Federal Court of Australia (Gilmour J)
Catchwords
Industrial law – Fair Work Act 2009 (Cth) – Whether provision of accommodation constituted payment with the meaning of s 470(1) of the Fair Work Act – Whether the removal of accommodation constituted adverse action.
Words and phrases – “payment”
Documents
12/04/2013 Hearing (SLA, Canberra by V/link to Perth)
23/04/2013 Notice of appeal
17/05/2013 Written submissions (Appellant)
17/05/2013 Chronology (Appellant)
07/06/2013 Written submissions (Respondent)
14/06/2013 Reply
20/06/2013 Hearing (Full Court, Canberra)
14/08/2013 Judgment (Judgment summary)
Legal Services Board v. Gillespie-Jones
Case No.
M27/2013
Case Information
Lower Court Judgment
19/04/2012 Supreme Court of Victoria (Court of Appeal)(Nettle, Redlich and Hansen JJA)
Catchwords
Legal Practitioners – Fidelity fund – Moneys paid to solicitor to be paid into trust account and used for express purpose of paying counsel’s fees – Moneys used by solicitor for own purpose – Whether counsel entitled to claim against Fund – Whether claim barred by lack of costs agreement.
Equity – Trusts and trustees – Quistclose trust – Whether moneys paid to solicitor for purpose of paying counsel’s fees held on Quistclose trust.
Words and phrases – “Actual pecuniary loss” – “Interests” – “For or on behalf of”.
Documents
15/03/2013 Hearing (SLA, Melbourne)
28/03/2013 Notice of appeal
18/04/2013 Written submissions (Appellant)
18/04/2013 Chronology (Appellant)
10/05/2013 Written submissions (Respondent)
22/05/2013 Reply
04/06/2013 Hearing (Full Court, Canberra)
14/08/2013 Judgment (Judgment summary)