“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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Councillors as candidates – what is the law?

Given the recent May 2022 Australian federal election and the looming November 2022 Victorian state election, the provisions around local government Councillors being candidates for state and federal elections have been topical. ...

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