The Federal Court of Australia in Cunningham (Trustee) v Gapes, in the matter of Gapes (Bankrupt) [2017] FCA 787 has found that the proceeds of a deceased person’s superannuation fund received by a bankrupt by way of a distribution from…
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Proceeds of a deceased’s superannuation fund are found to be after-acquired property of a bankrupt
Posted in Brief notes
Defendant ordered to pay indemnity costs by reason of her unreasonable conduct
The Supreme Court of New South Wales in Seven Network (Operations) Limited v Amber Harrison [2017] NSWSC 952 has ordered that the defendant in the proceedings pay indemnity costs because her conduct had been unreasonable, resulting in the incurring of…
Posted in Brief notes
Valuation report concerning land rejected as expert opinion
Introduction The New South Wales Court of Appeal in Rolleston v Insurance Australia Ltd [2017] NSWCA 168 has upheld the decision of a judge at first instance to reject a valuation report concerning certain land as expert opinion. The judge…
Posted in Brief notes
Chapter 2 of the Criminal Code is found to have no application to civil proceedings under the Corporations Act 2001 (Cth)
Introduction The Full Court of the Federal Court of Australia in Australian Securities and Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd [2017] FCAFC 100 has held that Ch 2 of the Criminal…
Posted in Brief notes
Liquidator found to be examinable under s 596A of the Corporations Act 2001 (Cth)
Introduction The Full Court of the Federal Court of Australia in Kimberley Diamonds Ltd v Arnautovic [2017] FCAFC 91 has rejected a claim by a liquidator of a company that an examination summons issued under s 596A of the Corporations…
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