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Google is not necessarily a publisher

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…

That’s odd, a CVL trumps a court liq application

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…

%-of-turnover penalty

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…

Evolvebuilt and third party unfair preferences

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…

Self-rep barrister can recover its costs

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:…