Pearce v Waller Legal [2025] VSC 324 (Link to AUSTLII).
With thanks to Michael Magazanik for drawing attention to this Victorian (judge alone) decision. The judgment is rather long; not all issues are addressed in this note.
When represented
Salmonella contamination sparks tehina recall
Canadian food safety officials have announced a a recall of tehina because it has the potential to be contaminated with Salmonella.
The Bornibus brand “tehina” was sold at The Market Garden, 810 Catherine St., Victoria, British Columbia. It is sold
Abuse: Stay of proceedings appeal (Victoria).
Trustees of the Christian Brothers v Colbert (a pseudonym) [2025] VSCA 122 (on AUSTLII).
Leave to appeal against a refusal of a stay of proceedings in this matter was granted, but the appeal was dismissed. The decision was a joint
When Is Estate Administration Complete ?
Executors do not retain their roles indefinitely. Once their duties concerning an asset are complete, they hold that asset in trust for the beneficiary—even without a formal transfer. Executors who fail to take the final step of transferring title may
Adjournment application refused: Abuse / Professional negligence.
Grimmett v Rivdale Pty Limited (t/as Angela Sdrinis Legal [2025] VSC 122 (Link to JADE).
With thanks to Belinda Epstein for drawing attention to this judgment, which relates to an appeal by the plaintiff of a ruling of Baker
(WIP) High Court says no to travelling Group Costs Orders
Impact on class action landscape: Victoria’s magnet effect
7 min read
In the first of a string of upcoming decisions about the class action landscape, the High Court of Australia handed down judgment in Bogan v Smedley on 12 March
Will not seen by, but read in full to the Deceased
Re Norris; Lindsay v Howie [2025] VSC 85 S PRB 2024 23208 is a dispute between Ms Lindsay, (the plaintiff) one of Ms Norris’s (the deceased) nieces, and John David Howie (the defendant), Ms Norris’s husband for nearly 20 years.
Abuse: Victorian redress scheme.
The Victorian Redress Scheme for Historical Institutional Abuse (Victorian Redress) began accepting applications on 10 December 2024 and will operate for 18 months. (Link to DFFH).
The Victorian Redress Scheme is open to people who: lived as a child
Significant changes to sentencing of OHS offences recommended
Following more than 12 months of analysis and consultation, the Sentencing Advisory Council (Council) has released its final report into Sentencing Occupational Health and Safety Offences in Victoria (Report) on 26 February 2025.
The Council concluded that:
- many fines go
Abuse: Application to set aside settlement deed – Not just and reasonable. (Victoria).
O’Connor v Trustees of the Christian Brothers [2025] VSC 65 (Link to AUSTLII).
The plaintiff sought to set aside a Deed of Release executed in January 2018,, under which he had received compensation from the defendant Trustees. The application