Barrister Blog & Case Law Updates
Civil penalty provisions are now a big part of our regulatory environment – and they’re getting bigger. They no longer affect only the top end of town. Yet recent case law indicates there is still real uncertainty around the procedure courts are to observe in civil penalty proceedings:
- In a major development, recent Full Federal Court authority has cast doubt on a long-entrenched practice of ‘settling’ civil penalty proceedings by submitting joint statements of facts and submissions on agreed penalties to a Court.
- The precise content of the obligation of fairness owed by regulators in civil penalty proceedings is still being developed.
Criminal Law Barrister Paul Smallwood has written a paper titled Deportation and Sentencing - Recent amendments to the Migration Act 1958 and the impact that those amendments will have on the manner in which deportation can be taken into account as a mitigating circumstance
IP Specialist Andrew Sykes has written a paper titled Interlocutory injunctions in IP disputes.
Andrew Sykes paper focuses on the risks and benefits of seeking interlocutory injunctions in intellectual property matters in light of recent case law. It also looks at the other practical options available to solicitors who need to assist client’s in urgently preventing IP infringements. It was part of Mr Sykes’ recent presentation at LegalWises’ IP Law conference in Melbourne and is a useful guide for both IP specialists and general commercial practitioners.
Tax Specialist Chris Wallis has written an article titled When enough is more than enough! for the April edition of the The Australian Tax Law Bulletin.
Tax Specialist Chris Wallis has written an article titled Life’s near certainties — nursing homes and blind-sided advisers for the March edition of the The Australian Tax Law Bulletin.
Leases commonly permit a landlord to terminate a lease if the landlord intends to demolish the building located on the leased premises. Section 56 of the Retail Leases Act 2003 (Vic) implies terms into a retail premises lease that provides for the termination of lease on the grounds that the building is to be demolished.
There have been many cases about whether a mortgage procured by fraud secured any money in circumstances where the mortgagee is innocent of the fraud. The latest case is Perpetual Trustees Victoria Limited v Xiao Hui Ying  VSC 21 (Ying) where Hargrave J refused to follow the Victorian decision of Solak v Bank of Western Australia  VSC 82.
Those following the debate on the operation of s 52 of the RLA and s 251 of the Building Act 1993 (Vic) may be aware that the Victorian Small Business Commissioner made an application to the President of VCAT seeking an opinion on the landlord's ability to pass on the act and/or cost of compliance with those sections (for more details, see here).
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