Category: Papers

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 …

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) Read more »

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 …

Graywinter principle found to preclude reliance upon a ground first raised after the 21 day period Read more »

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 …

High Court upholds the practice of parties making agreed or other penalty submissions in civil penalty proceedings Read more »

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 …

General principles relevant to the question of costs in unsuccessful family provision applications Read more »

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 …

The oppression remedy in Pt 2F.1 – membership contests should be resolved prior to, and separately from, oppression proceedings Read more »