Into the twilight zone: Corporate insolvency amendments, and the disappearing act of section 511 (et al)
Seeking directions from the Court in the period 1 March to 1 September 2017 – what are liquidators and administrators to do?
The Commercial Bar Association of Victoria Inc. A0120851O
Seeking directions from the Court in the period 1 March to 1 September 2017 – what are liquidators and administrators to do?
Justice Robson has delivered his decision on an application by receivers and managers for directions as to, among other things, their obligations to pay preferential debts under the Corporations Act from the surplus generated by their trading-on of a business and other recoveries by their appointing bank.
In this recent decision, the landlord got the benefit of a dubiously worded outgoings clause. The High Court gave full effect to the parties’ commercial intent to hold that commercial common sense dictated that the tenant would be liable for all outgoings under a long term lease.
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12
Patents – extension of time to extend term – licences to exploit during period of extension of time application and beyond
H. Lundbeck A/S v Commissioner of Patents[2017] FCA 56
Patents – unjustified threats – damages – ultimate findings unsupported, and contradicted by, evidence at trial
Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44
Patents – innovation patents – divisional application – infringement – date from which a patentee is entitled to relief – whether from date of parent patent or date of grant of divisional patent
Coretell Pty Ltd v Australian Mud Company Pty Ltd [2017] FCAFC 54
In Re Day [No 2] [2017] HCA 14, the High Court determined that Mr Bob Day had an indirect pecuniary interest in an agreement with the Commonwealth, and was thereby disqualified from being chosen or sitting as a senator pursuant to s 44(v) of the Constitution. The Court’s decision substantially revised the ambit of that section.
Re Day [No 2] [2017] HCA 14
The Victorian Court of Appeal has ruled that a settlement deed containing releases and acknowledgements beyond the scope of common issues in the Great Southern class action is binding upon group members, despite the High Court’s holding that representative plaintiffs and group members are not privies in relation to uncommon issues.
Bendigo and Adelaide Bank Ltd v Pekell Delaire Holdings Pty Ltd [2017] VSCA 51
The supply and wholesale price stresses in Australia’s gas and electricity market has prompted some remarkable recent interventions by government. This article considers new South Australian powers to intervene in the national electricity market, and proposed Commonwealth powers to restrict LNG exports.
VCAT has ordered the owners to pay a builder $660,526.41 by way of a quantum meruit following the termination of a building contract; a sum which was “considerably more” than the builder might have recovered in a damages claim under the contract.
Paterson Constructions Pty Ltd v Mann [2016] VCAT 2100
The Federal Court found that three online retailers and their directors had engaged in “serious” contraventions of the Australian Consumer Law for misleading Australian consumers as to the health benefits of e-cigarettes in three separate decisions that emphasise the importance of cooperation as a mitigating factor.
Australian Competition and Consumer Commission v The Joystick Company Pty Ltd, Australian Competition and Consumer Commission v Social-Lites Pty Ltd, and Australian Competition and Consumer Commission v Burden [2017] FCA 397, [2017] FCA 398, and [2017] FCA 399
Is a “stay of enforcement” of a judgment within the meaning of s 15(2) of the Foreign Judgments Act brought about by s 58(3) of the Bankruptcy Act?
Talacko v Bennett [2017] HCA 15, 3 May 2017
Abstract: A December 2016 decision of the Supreme Court of Victoria and a January 2017 practice note on the use of technology in the Court have shown the Court’s acceptance of technology assisted review as an appropriate method of discovery in litigation involving a large amount of electronically stored information.
Paul Hayes will be presenting a CPD seminar on Tuesday, 20 June 2017 at 5.15pm in the McPhee Room on level 1 of Owen Dixon East. The seminar is entitled: “The Harman Obligation: Policy, Procedure and Punishment”. Further details can be obtained from the Bar Office.