A recent illustration of the operation of the Graywinter principle can be seen in the decision of the Victorian Court of Appeal in Malec Holdings Pty Ltd v Scotts Agencies Pty Ltd (in liq). In that case, the company’s supporting…
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Graywinter principle found to preclude reliance upon a ground first raised after the 21 day period
Posted in Papers
Full Federal Court calls for investigation by the legislature of arrangements involving the same litigation funder being on both sides of the record
In a recent decision (Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2), the Full Court of the Federal Court of Australia (Gilmour, Perram and Beach JJ) observed that the same litigation funder was on…
Posted in News
High Court upholds the practice of parties making agreed or other penalty submissions in civil penalty proceedings
The High Court of Australia in Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate has unanimously held that Barbaro v The Queen does not apply…
Posted in Papers
General principles relevant to the question of costs in unsuccessful family provision applications
In New South Wales, the court is given a wide discretion as to the award of costs in family provision applications brought under Ch 3 of the Succession Act 2006 (NSW). In exercising the discretion in cases in which the…
Posted in Papers
The oppression remedy in Pt 2F.1 – membership contests should be resolved prior to, and separately from, oppression proceedings
Part 2F.1 (ss 232-235) of the Corporations Act 2001 (Cth) provides a number of remedies where the affairs of a company are being conducted in an oppressive manner. Where oppressive conduct is made out, the Court may make any order…
Posted in Papers
