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Searching Content indexed under Court Procedure by Corrs Chambers Westgarth ordered by Published Date Descending.
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1
When is it too late to commence proceedings to recover overdue rates?
The article summarises this decision and considers the implications for councils looking to recover overdue rates.
Australia
26 Sep 2019
2
TGIF: Trans-Tasman commingling – a lesson on ex parte applications for cross-border insolvency hearings
This case is an example of courts considering and largely accepting cross-jurisdictional cooperation in insolvency matters.
Australia
21 Sep 2019
3
TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
4
TGIF 28 June 2019: Insolvent Trading: is the privilege against self-incrimination available and how is liability split between successive directors?
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Australia
2 Jul 2019
5
Recent WA Supreme Court decision highlights the consequences of poorly-pleaded global claims for damages
This case is important for those drafting statements of claim containing a global claim or modified total costs claim.
Australia
15 Jun 2019
6
TGIF 10 May 2019: Federal Court permits liquidators to give notices to creditors electronically and to be relieved of the requirement to send a creditors list
This case demonstrates the Court's inclination to assist liquidators and to reduce costs for the benefit of creditors.
Australia
24 May 2019
7
A good reason for a Special Purpose (Liquidator): suspected illegal phoenix activity
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Australia
14 Feb 2019
8
You cannot rely on anyone but yourself – insolvent companies, litigation funding and security for costs
The Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder's indemnity.
Australia
6 Dec 2018
9
Winning the battle but not the war: Federal Court clarifies how damages undertakings will be enforced when an injunction is wrongly granted
The case considers compensation payable for wrongly-granted interlocutory injunctions in a pharmaceutical patent dispute.
Australia
26 Nov 2018
10
Assign o the times: Assigning statutory causes of action
The director could not take a valid assignment of the statutory claims, so could not be substituted into the proceeding.
Australia
16 Nov 2018
11
Do not scratch the service: Court clarifies rules for service for claims commenced under the Corporations Act
Service is effected by rule 2.7 of the Corporations Rules, notwithstanding a longer period under rule 6.2(4) of the UCPR.
Australia
15 Oct 2018
12
Piercing the corporate veil in winding up applications: Court orders non-party director to pay indemnity costs
The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.
Australia
6 Oct 2018
13
Salvage through litigation in insolvency: considering third-party funding
Maritime salvage principles are used to ensure insolvency practitioners are paid properly incurred litigation costs.
Australia
4 Oct 2018
14
Going South(ern): Summary enforcement of loans after Great Southern
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Australia
3 Sep 2018
15
Stitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinations
Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
Australia
11 Aug 2018
16
Have you been served? Submitter appellants must now serve other submitters in Planning and Environment Court appeals
This is a different position from under the previous regime, and causes administrative issues for submitter appellants.
Australia
21 Apr 2018
17
Upset by the offset - and other statutory demand traps
Where there is a credit dispute, creditors could risk time and money in issuing a statutory demand that may be set aside.
Australia
10 Feb 2018
18
Rule 6.19 of the Uniform Civil Procedure Rules - joining defendants: Keeping it within the mothership
Courts have a general preference for mothership proceedings prompting consideration of possible reform to court rules.
Australia
13 Dec 2017
19
Examinee on the run. What to do when a director fails to appear.
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Australia
4 Nov 2017
20
Something is better than nothing: Court approval of liquidator entering litigation funding agreement
The Supreme Court found that none of the arguments raised provided a sufficient basis to decline the grant of approval.
Australia
27 Jun 2017
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