Insights

Launching our 2023 Insolvency & Restructuring Case Summaries publication

We are delighted to share with you the next edition of our Insolvency & Restructuring Case Summaries. With over 45 case summaries highlighting the key takeaways and the practical implications for...

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Gunns: peak indebtedness is shot

On 8 February 2023, the High Court of Australia delivered judgment in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2. JWS acted for PwC, the appellant liquidators of the Gunns group, and...

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Launching our Insolvency & Restructuring Case Summaries for 2021-2022

We are delighted to launch the first edition of our Insolvency & Restructuring Case Summaries for 2021-2022, with over 45 case summaries highlighting the key takeaways and the practical...

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Gunning for it: Peak Indebtedness in the spotlight

In significant news for the insolvency industry, the High Court will hear the long-awaited Gunns Group preference claim appeal in Bryant & Ors v Badenoch Integrated Logging (A10/2022) on 18 October...

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To the Brink and Back: In the matter of Merchant Overseas Logistics Pty Ltd [2022] VSC 154

In a recent Supreme Court of Victoria decision in which we acted for the successful liquidators, the Court made various orders to enable the company to complete an ultra-efficient, streamlined...

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Court grants 40% Group Costs Order: impact of cost sharing between lawyers and funder

Bogan v The Estate of Peter John Smedley (Deceased) [2022] VSC 201 On 26 April 2022, John Dixon J delivered judgment in the Arrium class action holding that a group costs order (GCO) at 40...

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Gunns Reloaded: High Court grants special leave

The Full Court of the High Court (Keane and Gleeson JJ) has today granted Daniel Bryant and Craig Crosbie of PwC, in their capacity as the Liquidators of the Gunns Group, special leave to appeal...

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Australia’s first group costs order explained

Allen v G8 Education Ltd [2022] VSC 32. The group costs order (GCO) regime allows law firms in class actions to recover legal fees and expenses as a percentage of any award or settlement. The...

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Australia’s first Group Costs Order opens the door for greater certainty and transparency

The first ‘group costs order’ (GCO) has been made in the Supreme Court of Victoria, one year and five months after the regime came into effect. It was granted by the Honourable Justice Nichols in...

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A solution to the problem of multiplicity: consolidation of the Allianz class action proceedings

The plaintiffs in two competing class actions relating to car dealer “add-on” insurance have successfully applied to consolidate proceedings in the Supreme Court of Victoria as a solution to the...

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Guidance on group costs orders for Victorian class actions

The first determination of an application seeking a ‘group costs order’ (GCO) was unsuccessful for the plaintiffs in two flex commission class actions in the Supreme Court of Victoria.

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Peak Indebtedness Peaking Again? Special leave sought for High Court appeal

On 10 May and 24 June 2021, the Full Court of the Federal Court delivered unanimous judgments in Badenoch Integrated Logging Pty Ltd v Bryant, in which the Full Court held that the peak...

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Peak Indebtedness: In the Gunn

In a significant decision delivered on 10 May 2021, in which JWS acts for the plaintiff liquidators of the Gunns Group, the Full Federal Court in Badenoch v Bryant has declined to follow some six...

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Gunns liquidators prevail on peak indebtedness, set-off and the Court’s discretion

This week, the Federal Court published judgments in three unfair preference claims brought by the liquidators of the Gunns Group. We acted for the liquidators in each proceeding.

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Dispute Resolution Update - February 2019

Our 2019 Half Year Dispute Resolution update details our significant case developments and wins, including our listing as a Band 1 Practice for Dispute Resolution in the Asia Pacific Legal 500 for...

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To adjourn, or not to adjourn: applications by administrators to adjourn winding up applications

It is not uncommon for administrators to be appointed in the period between a company being served with a creditor’s winding up application and the date on which that application is to be heard...

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