Generally, once a company enters into liquidation, litigation against that company cannot be commenced or be continued without the leave of the Court (Corporations Act 2001, s 471B). However, occasionally a liquidator may cause a company to ...
The Federal Court of Australia recently struck off an insolvency practitioner from the register of liquidators and restrained him for ten years for acting as an insolvency practitioner. The case concerns the conduct of David Iannuzi, who the Court fo...
In the recent decision of Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29, the High Court ruled the Chorley exception, which allows self-represented litigants who are solicitors to recover costs incurred for their professional service...
The decision of the High Court of Australia in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; 261 CLR 132 (Ramsay) clarified the limits of a Bankruptcy Court's discretion to "go behind" a judgment, that is, to...
In December last year, we reported on a Federal Court judgment ordering costs against a non-party director for his unreasonable conduct to materially influence the conduct of a company involved in the winding up of the company. You can read the artic...
All too often in unfair dismissal proceedings, a finding will be made by the Fair Work Commission (FWC) that an employee’s dismissal was harsh, unjust or unreasonable even where an employee’s wrongdoing, which formed the basis of their termination, i...
As reported in our article The year ahead for directors: what’s in store for 2019, the Federal Government presented the Treasury Laws Amend...
In the recent decision of In the matter of TCL Airconditioner (Zhongshan) Co Ltd (No 2) [2019] FCA 257 the Federal Court held that a Chinese company was amenable to the Australian jurisdiction and thus could validly be served with a statutor...
The ability to lodge a caveat is a valuable form of security for a lender to possess to protect their interests. However, what is often overlooked is that in order to lodge an effective caveat, a party must have a ‘caveatable interest’. In