James D. Catlin

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By JAMES D. CATLIN

Concerns over the foreshadowed appointments to the High Court by Attorney-General Christian Porter take progressive cant and doublespeak to new levels — ­although, of course, there is never a ceiling.

FREEDOM OF INFORMATION – access refused under s 24 (practical refusal reason) of the Freedom of Information Act 1982 – whether request would substantially and unreasonably divert resources of agency – whether reasons of applicant for request can be considered – no public interest in fulfilling request – decision affirmed.

TRUSTS – Alleged misappropriation of trust property – wholly discretionary trust – trustee company transferred one of two properties held on trust to the sole director of the trust company – sole director also a specified beneficiary of the trust – guardian wanted the transfer to occur – no misappropriation.

February 15, 2020
Published in Recent Cases
Tagged under

David Rudebeck vs Brian Rudebeck 6 Dec 2019

Wills and Estates - Application for revocation of probate

February 15, 2020
Published in Recent Cases
Tagged under

Re Giannilivigni [2019] VSC 800 (5 December 2019)

PRACTICE AND PROCEDURE — Application for whereabouts of proceeds of sale, alternatively, a freezing order — No point of principle — Supreme Court Act 1986 (Vic) s 37 — Supreme Court (General Civil Procedure) Rules 2015 (Vic) ord 37A — Zhen v Mo [2008] VSC 300.

ADMINSTRATION OF ESTATES – Application to remove plaintiff as executor - Executor in the underlying proceeding alleges that the defendant beneficiary acted unconscionably or in breach of fiduciary duty

TORTS – Defamation - Injurious falsehood – Injunction sought until trial of proceeding – Whether prima facie case of injurious falsehood - No evidence of actual loss – Reliance on ‘grapevine effect’– Delay by plaintiffs in seeking injunctive relief – Where defamation claim being reframed in other causes of action - Application refused

Application to restrain solicitors from acting – Whether solicitor engaged in improper conduct – Inherent jurisdiction of the court – Whether Solicitor breached overarching obligations – Conduct not improper – Civil Procedure Act 2010 (Vic) s 29 – Grimwade v Meagher [1995] VicRp 28[1995] VR 446 applied.

Employment law - This is an appeal against an order of the Magistrates Court setting aside a default judgment.

February 15, 2020
Published in Recent Cases
Tagged under

Rosa Siciliano vs Maria Crocitta Wills Estate

Application for Summary Judgement, Summary Dismissal of plaintiff's proceeding

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