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 …

Court of Disputed Returns – Senator Culleton’s conviction disqualified him from being elected as a senator Read more »

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 …

Whether there is a “genuine dispute” for the purposes of s 459H(1)(a) – relevant principles Read more »

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 …

The standard of proof required to set aside a creditor’s statutory demand under s 459J(1)(b) of the Corporations Act 2001 (Cth) Read more »