The press has just circulated the news that the Brisbane Lions will pay Brendan Fevola $1.6 million as a settlement in his contract dispute. This has apparently ended an exchange of allegations by the Lions that Fevola breached his contract though misconduct and by Fevola that the Lions wrongfully terminated the contract.
So what does all this mean?
Monday, February 28, 2011
Thursday, February 24, 2011
Privilege, expert witnesses and the Evidence Act 2008 (Vic)
In Roads Corporation v Love [2010] VSC 253 (Love) the Supreme Court of Victoria considered the circumstances in which privilege is wavied when a party communicates with expert witnesses in conference.
In Love, counsel for the applicant sought at the trial to cross examine an expert witness on a document, being an 'agenda' which was prepared for a 2006 conference between the respondent, the expert witness, other expert witnesses and the respondent's lawyers. The 'agenda' suggested that the 2006 conference was called for the purpose of getting the expert witnesses to agree on a crucial issue in the trial. The applicant sought to adduce evidence of what was discussed at this 2006 conference. The applicant also sought to tender several documents relating to a 2004 conference with another expert witness. Both experts were called to give evidence at the trial on behalf of the respondent.
In Love, counsel for the applicant sought at the trial to cross examine an expert witness on a document, being an 'agenda' which was prepared for a 2006 conference between the respondent, the expert witness, other expert witnesses and the respondent's lawyers. The 'agenda' suggested that the 2006 conference was called for the purpose of getting the expert witnesses to agree on a crucial issue in the trial. The applicant sought to adduce evidence of what was discussed at this 2006 conference. The applicant also sought to tender several documents relating to a 2004 conference with another expert witness. Both experts were called to give evidence at the trial on behalf of the respondent.
Tuesday, February 22, 2011
1 January 2011 reforms, including the Civil Procedure Act 2010 (Vic)
As of 1 January 2011 the civil procedure rules and commercial laws in Victoria were substantially overhauled.
The recent legislative changes include the following:
- The Magistrates' Court General Civil Procedure Rules 2010 which substantially mirrors the current Victorian Supreme Court rules.
- The Civil Procedure Act 2010 (Vic) which codifies case management powers, alters the test for discovery and raises the threshold for summary dismissals in civil procedure.
- The Fair Trading Act 1999 (Vic) which implements the Australian Consumer Law (which is the new version of the Trade Practices Act 1974 (Cth)).
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