Understanding Whistleblowing in Australia’s Legal Landscape
Speaking up should be simple. In a just system, exposing misconduct or abuse of power ought to be encouraged – not punished. Yet for many whistleblowers, doing the right thing can quickly become a stressful, risky, and costly ordeal. What is whistleblowing? Whistleblowing refers to a person who reports an individual or organisation […]
Can a Solicitor Also Be a Litigation Guardian? Exploring the Exception to the Rule in Victoria
In Victoria, the general rule is that a litigation guardian must act through a separate solicitor, to avoid any conflict of interest. However, in limited cases, such as where it’s cost-effective or no one else is available, the court may allow the same person to act as both solicitor and litigation guardian, provided there’s […]
Owners Corporation Disputes in Victoria: A Reconfigured Jurisdiction
Over the past year, a series of Magistrates’ Court decisions has upended common practice in owners corporation levy recovery. These rulings confirm that such disputes must now be brought exclusively in VCAT, reshaping the jurisdictional landscape in Victoria. Background Over the past twelve months, a sequence of significant decisions[1] rendered by the Magistrates’ […]
Steedman v Greater Western Water Corporation: does the Limitations Act 1958 (Vic) apply?
Case citation: Steedman v Greater Western Water Corporation [2023] VCAT 128 Case Note: Facts Moira Steedman, the applicant, claimed damages against Greater Western for loss and damage under section 157 of the Water Act 1989 (Vic) (Water Act) because of a flow of water from the sewerage framework of the Greater Western Water Corporation that occurred in […]
What to do when a shell company sues you
In the recent case of Aquatic Air Pty Ltd v Siewert [2016] NSWCA 130 the court considered several reasons as to whether security for costs should be granted in a situation where a plaintiff may not have the funds to pay costs to the defendant. A common tactic by shell companies is to launch litigation […]