Mitchell v Comensoli [2026] VSC 17 (Link to Jade).
This was another disputed application to set aside an abuse settlement Deed, under Victorian law. Ultimately the Deed was set aside in full.
The court noted that while (at the
Pseudolaw
Yet another judgment re pseudolaw. In Commonwealth Bank of Australia v Cahill & Anor [2025] VCC 1860 the Court notes The amended defences deny the existence of any lawful credit agreement between the parties, assert that CBA is a “corporate fiction,”and
Australian Christian Legal Convention 2026
Christian lawyers and others connected to the legal profession will be gathering in Melbourne on 13-14 March 2026 for the Fourth Australian Christian Legal Convention. I hope to join them, and would love to see lots of others come
Pollution insurance and causation (Australia)
In this judgment, Seymour Whyte Construction sought an indemnity under a Contractor’s Pollution Legal Liability Policy after asbestos-contaminated soil was discovered during highway upgrade works in Victoria, Australia.
During works to upgrade a highway, asbestos contamination was discovered in excavated
At the Table With Logic and Spirit: a Conversation With Katherine Reilly, Author of Legally Zen
When I sat down with lawyer and author Katherine Reilly to talk about her new book Legally Zen, I surprised her by starting at the end. It felt right: the final chapter is where she introduces the idea that has
Judicial Advice & the Mysterious Beneficiary: Re the Will of William Ian Southey [2025] VSC 801
Order 54 of the Supreme Court (General Civil Procedure) Rules 2025 (Vic) allows an executor to seek judicial advice. This advice concerns estate administration. Executors can also seek advice on the interpretation of will provisions. This can be done without
Medical: Whether jurisdictional error by a Medical Panel (Victoria).
Foenander v Monash Health & Ors [2025] VSC 823 (Link to JADE).
Although ultimately the court held that jurisdictional error on the part of the Panel had not been shown, this is quite a helpful detailed analysis of arguments
Court upholds Minister’s power to direct FRV not to enter into agreement with UFU’s Professional Career Firefighters Registration Board Limited
I have previously written on a dispute between the United Firefighters Union (UFU) and the Minister responsible for Fire and Rescue Victoria (FRV) and the Minister’s power to give directions to FRV with respect to its response to an industrial
Abuse: Appeal regarding an application to set aside a settlement agreement (Victoria).
Trustees of the Marist Brothers v Barclay [2025] VSCA 297 (Link to Jade).
The primary judge had set aside the whole of a settlement agreement in relation to historical sexual abuse.
The defendant now seeks leave to appeal (and,
No Standing, No Case: Caveat Struck Out: Re the estate of Dunham [2025] VSC 746
Russell Leslie Dunham (the deceased) died on 18 January 2022 without a Will. Divorced and without children at the time of his death. Narelle Gaye Lindsey ( the plaintiff) claimed to be the deceased’s unregistered domestic partner when he died