“Well past its use-by date” – Supreme Court recommends overhaul of Litigious Costs and opens the door for more sophisticated litigation planning

Our court system work on a loser-pays system. If you lose in litigation you are likely going to be required to pay the other side's costs. Being able to estimate that cost and risk is a critical consideration when assessing an org...

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Court considers form of orders in first anti-phoenixing case

In Re Intellicomms Pty Ltd (in liq) [2022] VSC 228, the Supreme Court of Victoria held that a sale agreement entered into by Intellicomms Pty Ltd ("Company") was a creditor‐defeating disposition within the meaning of s 588FDB(1)...

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Back from the legally dead: the consequences of a company’s reinstatement post deregistration

In Thorne Developments Pty Ltd v Laird [2022] QSC 085 heard in the Queensland Supreme Court, the plaintiff sought an order to validate, amongst other things, an agreement with the defendants for the sale of shares made during a pe...

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Judicial bias bowls over judgment

Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022] FCA 846 The decision of Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022] FCA 846 provides ...

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Stand and Deliver

In Hume v Carey [2022] WASC 256, the Supreme Court of Western Australia considered an application to terminate a winding up order made against HHA Architects Pty Ltd ('Company') under section 482 of the Corporations Act (Cth) 2001...

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The Dangers of Homemade Wills

Whether it's convenience or costs, people still continue to prepare their own wills. It might be buying a will kit or typing their own will at home, whatever method that is used there are risks in homemade wills. In Martin as E...

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