Lionel WirthSep 5, 20198 minChorley abolishedThe High Court has abolished the much-maligned so-called Chorley exception. Solicitors are no longer entitled to recover costs in respect...
Lionel WirthSep 12, 20183 minSome interesting thingsFor something a bit different, this post concerns a few interesting law-related things rather than anything substantive. The Staircase...
Lionel WirthMar 17, 20189 minThe illusion of the prevention principleThe law will not allow a person to take advantage of his or her own wrongdoing. As a matter of a policy, this is uncontroversial and...
Lionel WirthOct 10, 201613 minThe solicitor's possessory lienMost practitioners understand the solicitor’s lien well enough: a solicitor can hold a former client’s file as security for payment of...
Lionel WirthSep 16, 20165 minWhen can defaulting trustees plead their own default against fellow malefactors?The Victorian Court of Appeal recently allowed an appeal against an order staying a proceeding brought by companies in liquidation...
Lionel WirthMay 4, 201610 minAdvocates’ immunity: intimate connection and finalityYesterday, on 4 May 2016, the High Court delivered a judgment that should be of great interest to every lawyer working in litigation:...
Lionel WirthFeb 18, 20167 minRomalpa clauses and the PPSAIt is not uncommon to see Romalpa clauses in commercial transactions involving the sale of goods. A Romalpa clause is a contractual term...
Lionel WirthJan 28, 20165 minJ'accuse: but to the civil standard of proofMost people – and hopefully all lawyers – will be familiar with the idea that criminal allegations must (ordinarily) be proved beyond...
Lionel WirthJan 12, 201612 minUnjust enrichment: unifying concept or cause of action?The entry below was originally published in (May 2015) 89(5) Law Institute Journal 34. My thanks go to the Law Institute of Victoria for...
Lionel WirthJan 8, 20163 minCan a statutory demand be served on an incorporated association?The statutory demand process is a familiar one to those who practise in insolvency and debt-collection. Section 459E of the Corporations...
Lionel WirthJan 8, 201612 minWhat is the tort of interference with contractual relations?This little corner of the law is in a state of flux. Unfortunately, it is unlikely to be authoritatively resolved by the High Court any...
Lionel WirthJan 8, 20165 minAppealing from decisions of the Magistrates’ Court, VCAT and the AAT: what is a question of law? HarIt is often taken for granted that if a litigant is dissatisfied with a decision at the end of a trial or hearing, the litigant has a...
Lionel Wirth Sep 5, 2019 8 min Chorley abolished The High Court has abolished the much-maligned so-called Chorley exception. Solicitors are no longer entitled to recover costs in respect...
Lionel Wirth Sep 12, 2018 3 min Some interesting things For something a bit different, this post concerns a few interesting law-related things rather than anything substantive. The Staircase...
Lionel Wirth Sep 5, 2019 8 min Chorley abolished The High Court has abolished the much-maligned so-called Chorley exception. Solicitors are no longer entitled to recover costs in respect...
Lionel Wirth Sep 12, 2018 3 min Some interesting things For something a bit different, this post concerns a few interesting law-related things rather than anything substantive. The Staircase...
Lionel Wirth Sep 5, 2019 8 min Chorley abolished The High Court has abolished the much-maligned so-called Chorley exception. Solicitors are no longer entitled to recover costs in respect...
Lionel Wirth Sep 12, 2018 3 min Some interesting things For something a bit different, this post concerns a few interesting law-related things rather than anything substantive. The Staircase...
