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Searching Content indexed under Court Procedure by Cameron Cheetham ordered by Published Date Descending.
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TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
2
TGIF 28 June 2019: Insolvent Trading: is the privilege against self-incrimination available and how is liability split between successive directors?
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Australia
2 Jul 2019
3
TGIF 10 May 2019: Federal Court permits liquidators to give notices to creditors electronically and to be relieved of the requirement to send a creditors list
This case demonstrates the Court's inclination to assist liquidators and to reduce costs for the benefit of creditors.
Australia
24 May 2019
4
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
5
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
6
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
7
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
8
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
9
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
10
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
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