Introduction The High Court of Australia sitting as the Court of Disputed Returns in Re Culleton [No 2] [2017] HCA 4 has found that, by reason of s 44(ii) of the Commonwealth Constitution, Senator Culleton’s conviction for larceny disqualified him…
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Court of Disputed Returns – Senator Culleton’s conviction disqualified him from being elected as a senator
Posted in Brief notes
The court’s power to amend pleadings after the expiry of the time period in s 588FF(3) of the Corporations Act 2001 (Cth)
Section 588FF(3) of the Corporations Act 2001 (Cth) (“CA”) imposes a time requirement on the bringing of an application by a company’s liquidator for orders in respect of voidable transactions under s 588FF(1) of the CA. In Sydney Recycling Park…
Posted in Papers
Whether there is a “genuine dispute” for the purposes of s 459H(1)(a) – relevant principles
The New South Wales Court of Appeal in Ligon 158 Pty Ltd v Huber [2016] NSWCA 330 has set out the principles relevant to determining whether a dispute asserted by a company served with a creditor’s statutory demand is a…
Posted in Brief notes
The standard of proof required to set aside a creditor’s statutory demand under s 459J(1)(b) of the Corporations Act 2001 (Cth)
Introduction The Full Court of the Federal Court of Australia in MNWA Pty Ltd v Deputy Commissioner of Taxation [2016] FCAFC 154 has provided clarification on the standard of proof which rests on a company seeking to have the Court…
Posted in Brief notes
Full Federal Court adopts common fund approach in open class representative proceedings
In Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited, the Full Court of the Federal Court of Australia has said that it proposes to make a ‘common fund order’ in relation to the litigation funding charges and…
Posted in Papers
