#SVVoidables by Matthew Hudson
This blog is designed to capture the large volume of my LinkedIn posts. To follow me on LinkedIn search #SVVoidables.
Google successfully argued on Wednesday, in an alleged defamation action, that an internet search engine is not necessarily a publisher of material produced from a search. The Applicant sought orders from the Victorian Court of Appeal that certain pleadings in Google’s defence be struck out (the case is called Defteros v Google Inc). Why? Because they were contrary…
A David v Goliath decision was handed down yesterday in the WA Court of Appeal concerning fundamental principles of corporate voidables law. This time Goliath has had a bit of a win. The facts are rather convoluted, but the basic gist is that payments of about $10m were paid to a parent company (which is now in…
A liquidator may be appointed voluntarily (as a CVL) after a court liquidation has already been filed, according to a very recent Federal Court decision. Ordinarily, this is not possible without leave of the Court (Section 490(1) of the Corporation Act). Otherwise, how could it be fair to a petitioning creditor who applies to court to wind-up…
The ACCC have had another win in their fight against unfair contract terms. The Federal Court on Friday, declared by consent that certain contract terms of Servcorp were unfair to small business. This is a relatively new legislative power, and it pays for you to be fully aware of what your rights and obligations are and…
Should a %-of-turnover penalty regime be introduced into the Australian Consumer law (“ACL”)? A month ago, the Federal Court agreed to the ACCC‘s $9 million settlement of the Apple Inc contraventions of the ACL. The interesting aspect to the case is in Justice Lee’s final observations, wherein His Honour, appears to call for Government reform to…
Breaking news: in a big decision, the Liquidators of Evolvebuilt were just now unsuccessful (in part) on their appeal to clawback unfair preferences from third party payments (relying on Re Emanuel, Kassem, Supaproducts cases). This is a must read case! The third party payments arose via pressure exerted by the CFMEU on Evolvebuilt’s (“E”) head contractor ‘Built…
Breaking news: self-represented barristers may ‘Chorley’ seek their time costs, according to the NSW Court of Appeal decision handed down just now. In relying upon a raft of judicial history both locally and internationally, the Court (2:1) has ruled that the Chorley exception, as it applies to solicitors, also now extends to barristers. Link to the case:…
A trade creditor has very recently been successful in setting aside an order of a Magistrate in that certain payments received were not unfair preferences under the Corporations Act. The claim was for only about $24k. The key points that the court took from the evidence: (1) debts ranged from between 21-31 days outside trading terms, but…
If you’re briefing experts in court proceedings, or are in the business of giving expert evidence, two really important cases were handed down in the past month. Collectively the cases run for about 1,400 paragraphs, so I haven’t been able to finish a cash summary for my followers. As I run a busy practice, it may take…
Just when you thought trust company liquidation law was finally settled by two superior court cases this year, Justice Brereton has another bite of the cherry. The liquidator applied to Justice Brereton seeking declarations that the trust assets: (1) were to be treated, in effect, as company assets via the right of indemnity as corporate…
Travis Mitchell, Barrister at the Victorian Bar
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