Under r 7.1(2)(a) and (3) of the Uniform Civil Procedure Rules 2005 (NSW), a company may commence and carry on proceedings in the Supreme Court of New South Wales by a solicitor, or by a director of the company if…
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When a director may commence and carry on Supreme Court proceedings on behalf of the company – Rule 7.1 of the Uniform Civil Procedure Rules 2005 (NSW)
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Graywinter principle found to preclude reliance upon a ground first raised after the 21 day period
A recent illustration of the operation of the Graywinter principle can be seen in the decision of the Victorian Court of Appeal in Malec Holdings Pty Ltd v Scotts Agencies Pty Ltd (in liq). In that case, the company’s supporting…
Posted in Papers
High Court upholds the practice of parties making agreed or other penalty submissions in civil penalty proceedings
The High Court of Australia in Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate has unanimously held that Barbaro v The Queen does not apply…
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General principles relevant to the question of costs in unsuccessful family provision applications
In New South Wales, the court is given a wide discretion as to the award of costs in family provision applications brought under Ch 3 of the Succession Act 2006 (NSW). In exercising the discretion in cases in which the…
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The oppression remedy in Pt 2F.1 – membership contests should be resolved prior to, and separately from, oppression proceedings
Part 2F.1 (ss 232-235) of the Corporations Act 2001 (Cth) provides a number of remedies where the affairs of a company are being conducted in an oppressive manner. Where oppressive conduct is made out, the Court may make any order…
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