Contact me

T: +61 3 9225 6204

Clerk: +61 3 9225 7222

lionel@vicbar.com.au

  • LinkedIn Social Icon
  • Twitter Social Icon

© Lionel Wirth

Whilst every effort is made to ensure that the content of this blog is accurate, it should not be taken as legal advice. Liability limited by a scheme approved under Professional Standards Legislation

Blog categories

 

My blog posts are arranged under the following categories.

 

Banking and finance

As well as the basic contractual issues and mechanics of enforcing mortgages, this area of law is greatly affected by the National Credit Code and, to some extent, by the Australian Consumer Law and related legislation. Equitable causes of action and relief also frequently features in banking and finance disputes.

 

Building and construction

Building disputes tend to be complex not so much for their legal content but for the factual matters. Experts are often retained to explain causes of defects, the work required to rectify defects and the reasonable cost of the rectification works. The regulatory system that covers the building industry adds to the sources of disputes.

 

Civil procedure

Any dispute that ends up in court (or in a quasi-judicial tribunal like VCAT) needs to go through various procedures before it is resolved, be it by agreement or by judicial determination. The steps that may or must be taken are many and varied, and are often the subject of the exercise of broad discretion by relevant decision-makers.

 

Corporations

Corporations are people who exist thanks to the magic of legislation. They are the primary vehicle through which much economic activity is conducted and encouraged. From the rights of shareholders to the duties of directors and the regulatory powers of ASIC, the law in this area is complex and far-reaching.

 

Costs

For those without vast financial resources, litigation can be crushing – particularly for the losers, as the general rule is that the loser pays the winner’s costs. The law of costs between clients and legal practitioners is dealt with under legal professional conduct.

 

Economic torts

In the law of torts, negligence stands as a giant of the common law. There are however other torts that do not involve the person or property, such as the tort of (or torts commonly referred to as) interference with contractual relations and the tort of conspiracy. Judgments in this area are relatively rare.

 

Insolvency

The law of going broke is a complex beast. Corporations and individuals are dealt with under different statutes and often in fundamentally different ways.

 

Legal professional conduct

Lawyers’ conduct is heavily regulated: from the arrangements with respect to the fees they charge to what they may and may not say in court, it is difficult to think of an aspect of a lawyer’s practice that is not governed by the Legal Profession Uniform Law, the Uniform Rules made under it and associated legislation or the common law.

 

Other

Sometimes there’s just nowhere else to categorise a post.

 

Property

Sale of land, land used as security, personal property used as security, retail leases, commercial (non-retail) leases, personal property: the law of property is as vast as it can be complex.

 

Restitution

The law of restitution and unjust enrichment is my hobby-horse. (I wrote my honours thesis on the topic of three-party restitution.) It is generally a poorly understood area of the law, and it has undergone some radical reconstructions over the last 30 years or so.