Insights

Royal Commission into Aged Care Quality and Safety

With the first week of hearings due to commence on Monday 11 February, we thought it was timely to reflect on the preliminary hearing in mid-January and to give you some insights into what you...

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Recalibration of funding commissions to better link risk and reward

Lenthall reaffirms the Federal Court’s preference for common fund orders with funding commission rates struck by the lesser of a multiple of costs or net recoveries to better link risk and reward.

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Competing class actions & beauty parades – and the winner is…?

Lee J’s recent decision in Perera v GetSwift Ltd to allow only one overlapping class action to proceed (the Webb Proceeding) and to permanently stay the other two Federal Court actions (Perera and...

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Can you rely on that COI approval?

There continues to be doubt about the validity of certain Committees of Inspection (COI) established during a liquidation and the approvals given by them. Another decision of Pritchard J in the...

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Validly constituted committees of inspection

Owen, in the Matter of RiverCity Motorway Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) ("RiverCity") [2014] FCA 1008 -- It has been"accepted practice" in company

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Expert determination - what are the choices?

Dispute resolution clauses in contracts often include an expert determination mechanism to resolve some or all disputes that might arise. Parties need to think about whether expert determination is

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Recovery of cost of proceedings denied as a result of belated s477(2B) applications

In circumstances where the number of retrospective applications made by liquidators under section 477(2B) of the Corporations Act for Court approval to enter into agreements of more than 3 months...

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