Friday, 7 June 2013

When should a solicitor lodge a caveat, and what are the best ways to remove a caveat?

On Thursday morning, 6 June 2013, I participated in a seminar for solicitors on caveats run by Greens List, barristers, with Bill Rimmer and John Warren. The seminar was chaired by Caroline Kenny, SC. Video of the seminar will be available shortly via 

Topics discussed were: 
1. When should a solicitor consider lodging a caveat for a client? Legally? Strategically? Ethically?
2. Now that the caveat is on title, what are the best ways of removal? Section 89A of the Transfer of Land Act? Section 90(3) of the Transfer of Land Act

The discussion includes an analysis of the decision in Piroshenko v Grojsman, 27 VR 489 by the Chief Justice of the Supreme Court of Victoria, where Her Honour applies the higher standard for an injunction applied by the High Court in Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 at 82 - 4.

W G Stark
Hayden Starke Chambers

Monday, 3 June 2013

High Court to hear appeal about Willmott

Since my post about Willmott on 13 September 2012, the High Court has granted special leave to appeal from the Victorian Court of Appeal's decision made in August 2012.

Later this year, the Full Court of the High Court will hear the appeal and hopefully clarify whether a liquidator can disclaim an onerous lease under the provisions of the Corporations Act which allow liquidators to disclaim onerous contracts.

In my opinion, the Victorian Supreme Court and Court of Appeal decisions both require clarification about whether the proprietary interest that is granted to tenants in a lease can also be disclaimed as a part of the disclaimer of the contractual aspects of the lease; that seems to be an issue not confronted by the Victorian courts in their judgments.

I look forward to the High Court's decision with great interest! 

W G Stark

Hayden Starke Chambers