Category: Papers

Section 588FF(3) of the Corporations Act 2001 (Cth) (“CA”) imposes a time requirement on the bringing of an application by a company’s liquidator for orders in respect of voidable transactions under s 588FF(1) of the CA. In Sydney Recycling Park …

The court’s power to amend pleadings after the expiry of the time period in s 588FF(3) of the Corporations Act 2001 (Cth) Read more »

In Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited, the Full Court of the Federal Court of Australia has said that it proposes to make a ‘common fund order’ in relation to the litigation funding charges and …

Full Federal Court adopts common fund approach in open class representative proceedings Read more »

In a number of decisions, the most recent of which was Oldham v Capgemini Australia Pty Ltd (No 2), Mortimer J of the Federal Court of Australia refused to exercise the discretion under r 2.32(4) of the Federal Court Rules …

Non-party refused access to an Australian Human Rights Commission complaint lodged with the originating application Read more »

The High Court of Australia in Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd, by majority, has found that a statement made during lease negotiations by a landlord to tenants to the effect that the tenants would be “looked …

No collateral contract or estoppel found to arise from landlord’s statement that tenants would be “looked after at renewal time” Read more »

In Insurance Australia Ltd t/a NRMA Insurance v Milton (No 2), the New South Wales Court of Appeal ordered a solicitor acting for an insurer in judicial review proceedings not to charge his client with more than 50% of the …

Inclusion of unnecessary material in appeal books – solicitor ordered not to charge client with more than 50% of the costs associated with the books’ preparation Read more »