James D. Catlin

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February 15, 2020
Published in Recent Cases
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Re Giannilivigni [2019] VSC 800 (5 December 2019)

PRACTICE AND PROCEDURE — Application for whereabouts of proceeds of sale, alternatively, a freezing order — No point of principle — Supreme Court Act 1986 (Vic) s 37 — Supreme Court (General Civil Procedure) Rules 2015 (Vic) ord 37A — Zhen v Mo [2008] VSC 300.

ADMINSTRATION OF ESTATES – Application to remove plaintiff as executor - Executor in the underlying proceeding alleges that the defendant beneficiary acted unconscionably or in breach of fiduciary duty

TORTS – Defamation - Injurious falsehood – Injunction sought until trial of proceeding – Whether prima facie case of injurious falsehood - No evidence of actual loss – Reliance on ‘grapevine effect’– Delay by plaintiffs in seeking injunctive relief – Where defamation claim being reframed in other causes of action - Application refused

Application to restrain solicitors from acting – Whether solicitor engaged in improper conduct – Inherent jurisdiction of the court – Whether Solicitor breached overarching obligations – Conduct not improper – Civil Procedure Act 2010 (Vic) s 29 – Grimwade v Meagher [1995] VicRp 28[1995] VR 446 applied.

Employment law - This is an appeal against an order of the Magistrates Court setting aside a default judgment.

February 15, 2020
Published in Recent Cases
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Rosa Siciliano vs Maria Crocitta Wills Estate

Application for Summary Judgement, Summary Dismissal of plaintiff's proceeding

February 15, 2020
Published in Recent Cases
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Xingyou Kong & TST Partners Group Pty Ltd

General Form of Order

Application for an unfair dismissal remedy – compliance with the Small Business Fair Dismissal Code – whether conduct amounted to serious misconduct

Building and property list - Application for reinstatement - matter previously settled

February 21, 2019
Published in Recent Cases
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Re Solowei [2018] VSC 586 (5 October 2018)

COSTS – Where applicant sought revocation of a grant of letters of administration on intestacy – where applicant delayed and withheld relevant information during proceedings – No point of principle

 

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