The Victorian Court of Appeal refused leave to appeal interlocutory orders dismissing applications to strike out an amended defence, enter summary judgment, restrain the respondents' solicitors from acting, and for judicial recusal. The Court confirmed that a pleaded denial or non-admission that specifically addresses a pleaded material fact does not constitute an implied admission under r 13.12, and that a bare denial of omnibus allegations in a statement of claim is permissible where the allegations are extensive and composite in nature. The Court reaffirmed that the jurisdiction to restrain legal representatives from acting is exceptional, and that a solicitor's prior involvement in advising on the decision under challenge does not, without more, give rise to a disqualifying conflict of interest.
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