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
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
Counsel Assisting ICAC found to be entitled to barristers’ immunity
Hammerschlag J of the Supreme Court of New South Wales in Edward Moses Obeid Snr -v- David Andrew Ipp [2016] NSWSC 1376 has found at [293]-[297] that Counsel Assisting the Independent Commission Against Corruption (“ICAC”) was entitled to the barristers’…
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Principles contained in Attwells v Jackson Lalic Lawyers Pty Limited identified
Button J of the Supreme Court of New South Wales in Cairncross v Anderson t/as ERA Legal (No 2) [2016] NSWSC 1326 has identified a number of principles contained in the plurality judgment in Attwells v Jackson Lalic Lawyers Pty…
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