Lost trust deed: Trustee seeks judicial advice
The question of what a person should do if they are aware that they hold trust property but are not sure of the terms of the trust because the trust deed cannot be found is not a question that comes …
‘Common fund’ order refused at an early stage of a class action brought under Pt IVA of the Federal Court of Australia Act 1976 (Cth)
In Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq), Wigney J of the Federal Court of Australia refused to make a ‘common fund’ order at an early stage of a class action commenced pursuant …
Law Council of Australia: Royal Commissioners entitled to same respect as Judges
The President of the Law Council of Australia has issued a Media Statement MS# 1508 dated 18 August 2015 describing the public attacks on the Royal Commissioner, Mr Dyson Heydon AC QC, “being played out through the media”, as “unacceptable” …
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Solicitor’s lack of expertise and resources inflated the costs charged to his client
The recent case of LM -v- K LAWYERS serves as a timely reminder that a solicitor who lacks the expertise and proper resources to conduct proceedings on behalf of a client should obtain the assistance of a suitably experienced barrister. Read …
Solicitor’s lack of expertise and resources inflated the costs charged to his client Read more »
Affidavit evidence: The problems which arise where affidavits of different witnesses use identical language
Numerous cases have addressed the problems which arise where an affidavit of one witness uses identical or substantially identical language to that found in the affidavit of another witness. Read what the courts have said about such evidence here.