In Trkulja v Markovic, the Victorian Court of Appeal summarised the principles relating to the judge’s duty to provide advice and assistance to a self-represented litigant in civil proceedings. In that case, complaints were made that the trial judge had…
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The judge’s duty to advise and assist a self-represented litigant in civil proceedings
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Appeals from a division of the Supreme Court – the requirement that they lie from a “judgment or order”
Section 101(1)(a) of the Supreme Court Act 1970 (NSW) provides that an appeal shall lie to the Court of Appeal from a “judgment or order” of the Supreme Court of New South Wales in a Division. According to the authorities,…
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Statutory demands – The meaning of “debt” in s 459E of the Corporations Act 2001 (Cth)
Section 459E of the Corporations Act 2001 (Cth) permits the service of a creditor’s statutory demand on a company where the demand relates to a “debt” that is owing, due and payable by the company to the creditor. A creditor,…
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Setting aside statutory demands – the requirement to serve a “copy” of the application
A failure to comply with the strict requirements of s 459G of the Corporations Act 2001 (Cth) may have substantial adverse consequences for a company the subject of a creditor’s statutory demand. An example of this can be seen in…
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Solicitor ordered to pay the costs that his client had been ordered to pay to the opposing party
In Nadarajapillai v Naderasa (No 2), a solicitor who instituted and maintained an appeal on behalf of his client that had no prospects of success and that lacked merit was ordered to pay to the opposing party the amount of…
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