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Searching Content indexed under Arbitration & Dispute Resolution by David Abernethy ordered by Published Date Descending.
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Something is better than nothing: Court approval of liquidator entering litigation funding agreement
The Supreme Court found that none of the arguments raised provided a sufficient basis to decline the grant of approval.
Australia
27 Jun 2017
2
First in time, first in line? Does the order of registration of caveats determine the priority of competing unregistered charges?
If the interests are in all other respects equal, priority in time of creation is considered to give the better equity.
Australia
11 Jun 2017
3
Rethink again, when will a court adjust the liability of a co-guarantor?
The court held that unless a limited exception applies, it does not have power to adjust the liability of a co-guarantor.
Australia
22 May 2017
4
Careless use of the power to sell has consequences, guaranteed!
The right to enforce a debt against a guarantor may be lost where the power to sell is not exercised appropriately.
Australia
5 Dec 2016
5
Consequences of vague encouragement in commercial negotiations
A recent High Court decision considered the issue of estoppel based on representations made in commercial negotiations.
Australia
14 Sep 2016
6
When is a judgment debt not a judgment debt?
The Court used its power to go behind a judgment which a petitioning creditor relied on as proof of a debt that was owed.
Australia
7 Sep 2016
7
A vexed case - court reigns in vexatious litigant to protect bank
This decision demonstrates the Court's willingness to step in and prevent abuses of the PPSR registration process.
Australia
3 Jul 2016
8
A retention of title clause was considered a security, defeating the liquidators' unfair preference claim
The Court was willing to accept that traditional ROT arrangements amounted to security in respect of the underlying debt.
Australia
31 May 2016
9
Administrators use general power under s 447A to stay a commercial arbitration
The Court used its general power to extend the voluntary administration moratorium period to a commercial arbitration.
Australia
18 May 2016
10
Court considers electronic service of application to set aside a statutory demand
The Victorian Supreme Court confirms that an application to set aside a statutory demand can be served electronically.
Australia
31 Aug 2015
11
High Court resolves uncertainty on the operation of the proportionate liability regime
The Court confirmed that the proportionate liability regime will not apply universally to all claims made under that Act.
Australia
19 May 2015
12
Federal Court of Australia assists in the administration of a cross-border insolvency
The Cross-Border Insolvency Act can ensure the cost-effective and efficient administration of a cross-border insolvency.
Australia
29 Apr 2015
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