The Victorian Court of Appeal in Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131 has held that an affidavit alleged to be an affidavit supporting an application to set aside a creditor’s statutory demand under s 459G…
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Affidavit explaining delay held not to be a supporting affidavit for the purposes of s 459G
Posted in Brief notes
Solicitors ordered to pay the costs of their clients’ unreasonable resistance to inspection of subpoenaed documents
Introduction The Supreme Court of New South Wales in Boorman v Glaxo Wellcome Australia Pty Ltd [2017] NSWSC 576 has ordered a firm of solicitors to pay to their clients costs which the clients were ordered to pay to an…
Posted in Brief notes
Security for costs – Judge criticises estimate based on numerous solicitors performing work ordinarily performed by counsel
Introduction The Federal Court of Australia in Armstrong Scalisi Holdings Pty Ltd v Piscopo (Trustee), in the matter of Collins [2017] FCA 423 has criticised an estimate given in a security for costs application which was based on numerous solicitors…
Posted in Brief notes
Financial services licensee found liable for breach of the FOFA reforms
Introduction The Federal Court of Australia in Australian Securities and Investments Commission, in the matter of NSG Services Pty Ltd v NSG Services Pty Ltd [2017] FCA 345 has found a financial services licensee liable for breaches of the Future…
Posted in Brief notes
Appellate judges express concerns about trial judge’s oral delivery of judgment over 4 days
Two justices of the New South Wales Court of Appeal in Fairall v Hobbs [2017] NSWCA 82 have expressed concerns about the course taken by a trial judge to orally deliver judgment in a case over some 4 days rather…
Posted in Brief notes
