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Searching Content indexed under Court Procedure by Jade Rowarth ordered by Published Date Descending.
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A good reason for a Special Purpose (Liquidator): suspected illegal phoenix activity
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Australia
14 Feb 2019
2
You cannot rely on anyone but yourself – insolvent companies, litigation funding and security for costs
The Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder's indemnity.
Australia
6 Dec 2018
3
Assign o the times: Assigning statutory causes of action
The director could not take a valid assignment of the statutory claims, so could not be substituted into the proceeding.
Australia
16 Nov 2018
4
Do not scratch the service: Court clarifies rules for service for claims commenced under the Corporations Act
Service is effected by rule 2.7 of the Corporations Rules, notwithstanding a longer period under rule 6.2(4) of the UCPR.
Australia
15 Oct 2018
5
Piercing the corporate veil in winding up applications: Court orders non-party director to pay indemnity costs
The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.
Australia
6 Oct 2018
6
Going South(ern): Summary enforcement of loans after Great Southern
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Australia
3 Sep 2018
7
Stitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinations
Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
Australia
11 Aug 2018
8
Upset by the offset - and other statutory demand traps
Where there is a credit dispute, creditors could risk time and money in issuing a statutory demand that may be set aside.
Australia
10 Feb 2018
9
Rule 6.19 of the Uniform Civil Procedure Rules - joining defendants: Keeping it within the mothership
Courts have a general preference for mothership proceedings prompting consideration of possible reform to court rules.
Australia
13 Dec 2017
10
Examinee on the run. What to do when a director fails to appear.
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Australia
4 Nov 2017
11
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
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