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...

Litigation Funding: What the court will....

Apr 30, 2018

The Federal Court of Australia in Marsden, in the matter of Unified Business Communications Group Pty Ltd (in liq) [2018] FCA 272 considered an application by the liquidator of Unified Business Communications Group Pty Ltd (in liquidation) (the Company) under section...

Service on a company: when serving docum....

Apr 10, 2018

The recent Supreme Court of New South Wales (the Court) decision In the matter of K-Bek Motors Pty Ltd [2017] NSWSC 183 serves as a timely reminder that the service of documents on a company’s registered office may not always suffice.  In circumstances where there is...

Unfair Contracts regime enforced by Fede....

Apr 9, 2018

In November 2016 we reported that the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) came into effect on 12 November 2016 with the purpose of protecting small business and extending existing unfair contract term protections...

PPSA – the 20 business day rule: w....

Apr 4, 2018

In the matter of David Brown Gear Industries Pty Ltd [2017] NSWSC 907, the Plaintiff sought orders pursuant to section 588FM(1) of the Corporations Act 2001 (Cth) (Act) for an extension of time to register a security interest on the Personal Property Securities...