Commercial Court (Victoria)

Last updated

The Commercial Court is a sub-division of the Trial Division of the Supreme Court of Victoria, the highest court of the State of Victoria. The Supreme Court has unlimited jurisdiction in criminal and civil matters.

The Commercial Court comprises a group of specialist judges who are available to deal promptly and efficiently with commercial disputes.

Any commercial proceeding or corporations case is suitable for entry into the Commercial Court, unless the case is more suited for entry into one of the other specialist lists in the Trial Division

A feature of Commercial Court practice is the readiness of the judges and associate judges to mould existing procedures to suit the particular case and to encourage the parties to adopt novel procedures where appropriate. The operation and procedures of the Commercial Court are set out in some detail in a practice note. [1] and other Commercial Court notices to practitioners, which are available on the Commercial Court website.

Each case is entered into a list within the Commercial Court, [2] and is managed to trial by the judge and associate judge assigned to that list. The trial will normally be heard by the judge in whose list the case has been entered. Initial directions are before the list judge or, at the judge’s discretion, before the associate judge. At an early stage in the proceeding the parties will normally participate in a Case Management Conference presided over by the judge at which time the real issues of fact and law are identified and the best methods of their resolution are decided upon.

Related Research Articles

<span class="mw-page-title-main">Appellate procedure in the United States</span> National rules of court appeals

United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as de novo and abuse of discretion. However, most appeals begin when a party files a petition for review to a higher court for the purpose of overturning the lower court's decision.

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn and a person guilty of this is a contemnor.

A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases.

A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff demands a legal or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.

In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">New Hampshire Supreme Court</span> Highest court in the U.S. state of New Hampshire

The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court.

<span class="mw-page-title-main">Discovery (law)</span> Pre-trial procedure in common law countries for obtaining evidence

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.

<span class="mw-page-title-main">Judicial system of Singapore</span> National court system

The judiciary in Singapore is divided by the Constitution of Singapore into the Supreme Court, as well as subordinate courts, namely the State Courts and Family Justice Courts. It is led by the Chief Justice, currently Sundaresh Menon.

<span class="mw-page-title-main">County Court of Victoria</span> Principal trial court of the state of Victoria, Australia

The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states.

The Commercial Court is a sub-division of the King’s Bench Division of the High Court of Justice, the major civil court in England and Wales. It is based in the Rolls Building, the world's largest dedicated business dispute resolution centre.

<span class="mw-page-title-main">Supreme Court of Victoria</span> Superior court of the state of Victoria, Australia

The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state.

In law, intervention is a procedure to allow a nonparty, called intervenor to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard.

An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings, and is nearly as old as the better-known indictment, with which it has always coexisted.

<span class="mw-page-title-main">High Court of Justice</span> One of the Senior Courts of England and Wales

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Custody evaluation is a legal process, in which a court-appointed mental health expert or an expert chosen by the parties, evaluates a family and makes a recommendation to the court for custody matters, usually including residential custody, visitation and a parenting plan. When performing the custody evaluation, the evaluator is expected to act in the child's best interests.

Kate McMillan is a judge in the Trial Division of the Supreme Court of Victoria. She formerly worked as a solicitor before becoming a barrister where she was appointed a Senior Counsel.

Plaint checking under Indian law by the Sheristadar Court is essentially a formal pre-admission scrutiny of the pleadings filed in law courts of India. The process is aimed at filtering out non-jurisdictional cases and getting other formal defects such as computation of Court fees and stamping of instruments, annexing spot map to the Plaint etc, rectified before the case is heard. In a Judgment the Bombay High court held that the trial court shall place such suits in objection category until the requirements of Order VII, rule 3 of the Code of Civil Procedure are satisfied. Similar direction has been imparted by Delhi High Court in its court rule file procedure. The High Court of Punjab and Haryana has prescribed procedure and rules for examination of Plaint in part C of its "Practice in the Trial of Civil Suits".

References

  1. "Practice Note SC CC 1" (PDF). Supreme Court (Vic). 30 January 2017. Archived from the original (PDF) on 8 December 2017. Retrieved 8 December 2017.
  2. "Lists in the Commercial Court". Supreme Court (Vic).