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1,379 results found

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Jones Day | Australia | 10 Jun 2022

Stopping the Phoenix From Rising: Australian Court Provides First Guidance on Creditor-Defeating Dispositions

In February 2020, amendments to the Corporations Act 2001 (Cth) expanded the kinds of transactions that may be voidable if a company is being wound up…
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Corrs Chambers Westgarth | Australia | 3 Jun 2022

Court declares a clear creditor-defeating disposition under new anti-phoenixing legislation

Intellicomms Pty Ltd (Intellicomms) operated a business providing translation services to businesses under the trading name ‘ezispeak’ in Australia…
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KHQ Lawyers | Australia | 26 May 2022

Can a grant of probate be revoked?

Generally, issues concerning the validity of a Will or other testamentary document are raised prior to a grant of probate being obtained. However…
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Corrs Chambers Westgarth | Australia | 25 May 2022

Supreme Court provides timely reminder of the ‘Harman undertaking’ and the consequences of non-party disclosure

The Victorian Supreme Court's decision in Re Ramsay Health Care Australia Pty Ltd [2022] VSC 226 deals with the nature and extent of the 'Harman…
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Herbert Smith Freehills LLP | Australia | 23 May 2022

Dousing the phoenix - an initial decision on Australia’s creditor defeating dispositions regime

The first case has been decided under Australia’s statutory powers to set aside “creditor defeating dispositions”. In IntelliComms Pty Ltd (in liq)…
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MinterEllison | Australia | 17 May 2022

Noise implications for wind farms in Victoria

A recent decision of the Victorian Supreme Court in Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145 (Uren) relating to wind turbine noise has a…
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KHQ Lawyers | Australia | 17 May 2022

Can you obtain Probate of a copy of a Will?

Generally, in order to obtain a grant of probate of a Will once a person has died, you are required to produce the original Will to the Registrar of…
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Astor Legal | Australia | 10 Apr 2022

No Jail for Woman Who Killed Daughter on Train Tracks

A woman who killed her three-month old daughter by laying her on train tracks has avoided jail. Melissa Arbuckle was sentenced to a good behaviour…
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Mills Oakley | Australia | 6 Apr 2022

Victorian Supreme Court of Appeal confirms contractor’s obligation to familiarise themselves with their delivery vehicle

In May 2021 we provided a case note on John Acciarito v Anthony Parcel Services Pty Ltd [2021] VSC 78, in which the plaintiff commenced proceedings…
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Clayton Utz | Australia | 3 Mar 2022

Supreme Court of Victoria grants first successful application to secure contingency fee class action funding arrangement

Allen v G8 Education Limited [2022] VSC 32 is the first successful application for a contingency fee funding arrangement since legislative reform to…
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