When a Court is faced with no expert evidence on quantum, is a simple quote with a global figure enough for the Court to assess damages for replacement of individual items of defective work? Tran v Packaging Logistics Pty Ltd [2023] VSC 755 suggests the answer is 'yes'.

Maglio v Hino Motor Sales Australia Pty Ltd; McCoy v Hino Motors Ltd [2023] VSC 757 offers practitioners a timely reminder of the procedural and substantive considerations that pertain to the hearing and determination of competing carriage and group costs order (GCO) applications in the context of multiple concurrent representative proceedings.

Common fund orders (CFO) are sought so that lawyers and litigation funders can charge all members of a class, not just the ones that have signed up. They can be sought early in the proceedings. The question of whether the Federal Court has power to order CFOs, is, after some uncertainty , now settled .

The role of pleadings is to define the issues in the proceedings and to ensure that the basic requirement of procedural fairness is afforded to a party. That is, that a party has the opportunity to meet an identified case against them.