Progress on Phoenix Activity

Sep 19, 2019

A recent decision of the Federal Court of Australia, ACN 093 117 232 Pty Ltd (in liq) V Intelara Engineering Consultants Pty Ltd (in liq) [2019] FCA 1489, will give cause for thought to those involved in the “restructuring” industry. The Court considered a...

Winding up applications and related part....

Aug 27, 2019

When one creditor is more equal than the other: winding up applications and related party creditors In the recent decision In the matter of Cresco Opus Fund No 4 Pty Limited (Administrator Appointed) [2019] NSWSC 941 the Supreme Court of New South Wales considered...

Costs orders against third party directo....

Oct 22, 2018

In the recent decision of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461 the Federal Court of Australia found a director of a company liable to pay costs as a result of their conduct...

A little or a Lot: costs orders in proce....

Jun 17, 2018

It is not uncommon for disputes between owners of lots within a strata plan to end up before a court for determination. Whether it is an Owners Corporation bringing an action for unpaid strata levies or an individual lot owner making a claim against the Owners...

Preliminary discovery: not enough inform....

May 28, 2018

Prior to the commencement of legal proceedings, a prospective litigant may apply to the Federal Court of Australia for orders for preliminary discovery of documents from a prospective respondent. The purpose of this is to enable the prospective litigant to determine...