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Searching Content indexed under Court Procedure 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
Tips for administrators to avoid costs orders in proceedings challenging the validity of appointment
The court departed from the general costs rule when the administrator did not discharge the duty of essential neutrality.
Australia
5 Oct 2016
3
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
4
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
5
Special purpose receivers – Court's broad power to override trust deed
The Court could use its broad remedial powers to override the trust deed and appoint special purpose receivers.

Australia
27 Apr 2016
6
Federal Circuit Court considers the prima facie right of a creditor to a sequestration order despite allegations of fraud, malice and incapacity
If a creditor has a prima facie right to a sequestration order, a Court will agree, unless special circumstances exist.
Australia
2 Mar 2016
7
Liquidator seeks court direction where risk of legal controversy
The court was willing to provide directions to liquidators when a commercial decision could lead to a legal controversy.
Australia
21 Oct 2015
8
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
9
Wherever you lay your hat is not your home - at least, not necessarily, according to the courts
Having regard to the evidence, the court was satisfied that there had been service and granted the sequestration orders.
Australia
11 Nov 2014
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