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Security for Costs: Fish markets go begging? Felan’s Fisheries Pty Limited [2016] NSWSC 1351 - Oct 2016

In the matter of Felan’s Fisheries Pty Limited [2016] NSWSC 1351, the Supreme Court of New South Wales decided that a company was not entitled to security for costs, whilst its directors who were sued in their individual capacity were. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evans, discuss further.

Termite retains its bite: Termite Resources NL (in liq) v Meadows [2016] FCA 1171 - Oct 2016

In the case of Termite Resources NL (in liq) v Meadows [2016] FCA 1171, the Federal Court dismissed an application to strike out a statement of claim for not pleading a cause of action. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Litigation funders on notice: Ryan Carter and Esplanade Holdings Pty Ltd v Caason Investments Pty Ltd & Ors [2016] VSCA 236. - Oct 2016

The Victorian Court of Appeal has upheld a decision to award costs against two non-parties. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Judgment in default and Accessorial Liability: Commissioner for Consumer Protection v Unleash Solar - Oct 2016

The Western Australian Commissioner for Consumer Protection issued proceedings against Unleash Solar Pty Ltd (Unleash Solar) and its sole director alleging misleading and deceptive conduct by Unleash Solar (amongst other things) and that the sole director was knowingly concerned in, or a party to the contraventions alleged. The proceedings were not defended by the respondents and the Federal Court ultimately entered judgment in default.  The case serves as a reminder of the matters to be taken into account when seeking a default judgment, particularly in circumstances where the orders sought relate to matters of contention, and the use of accessorial liability provisions. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

Civil Procedure Act 2010 - Aug 2016

The Civil Procedure Act 2010 (the Act) is fast becoming a powerful rule book governing the conduct of civil proceedings in Victoria.  If litigants and their legal advisers do not follow it, then they do so at their peril.  We have utilised the Act for the benefit of a publically listed company, and the Act is becoming an important tool in the conduct of litigation, particularly where parties or their solicitors stray from the conduct stipulated in the Act.

The Supreme Court has made recent rulings on the application of the Civil Procedure Act that are worthy of attention. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss further.
 

Can a foreign company be wound up in Australia? - Aug 2016

The short answer to this question is yes, under Part 5.7 of the Corporations Act 2010 it can. Read on as Partner, Ian Nathaniel and Senior Associate, Ben Hartley, explain.

Competition and Consumer Act – Legislative Change Following the Election - Aug 2016

With the recent Federal Election now done and dusted, it is likely the Turnbull Government will push on with legislative change to competition law in Australia. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss and explain the likely implications.

Late payment fees are not penalties as bank’s total loss taken into account - Aug 2016

The High Court has given guidance on penalties in the high profile case of Paciocco & Anor v Australia and New Zealand Banking Group Limited [2016] HCA 28. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, review and discuss.

Changes to the Commercial Court Division of the County Court - Aug 2016

The County Court Commercial Division has increased its ability to deal with matters in a cost effective and efficient manner with the appointment of judicial registrars and updated practice notes. Partner, Ian Nathaniel and Senior Associate, Ben Hartley, discuss further.

Removing a terrible Caretaker – Why climbing Mt. Everest may be easier - Jul 2016

In Queensland, caretaking and letting rights are big business. People pay millions for those rights. Equally, some Bodies Corporate pay millions to their caretaker or letting agent over the lifetime of their engagement. Sadly, not all caretakers are created equal. So what does a Body Corporate do when their caretaker or letting agent just isn’t up to scratch? Does it simply continue to pay them for services that aren’t being properly performed? Or does it look to get rid of them? Unfortunately for Bodies Corporate, the latter of those two options is notoriously difficult. Special Counsel, Mario Esera, discusses why climbing Mt. Everest may be easier than terminating a management rights agreement.

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