By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) Your company has been served with a subpoena – what happens next? What is a subpoena? A subpoena is a legal document issued by a Court at the request of a party to a legal proceeding. It requires a person or a company to produce … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) If one of your organisation’s customers or clients goes into liquidation, there is a risk that the liquidator may seek to recover (or “claw back”) payments made by that company to you as an unfair preference under Section 588FA of the Corporations Act 2001 (“the Act”). … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) The first hearing of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry will take place today in Melbourne. Although no witnesses will be called at this initial public hearing, we thought that it would be timely to briefly summarise the … Read more
In this JOY Law segment, Paul Welling and Jack Stuk talked about commercial disputes and litigation – what it is, how it happens and how to mitigate or resolve it. Paul and Jack covered: what is litigation? how to avoid litigation by ensuring commercial relationships and agreements are properly documented (even if you are working … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On Friday the High Court refused an application for special leave to appeal the Victorian Court of Appeal decision of IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 (Appeal Decision). The Appeal Decision was significant for all landlords and tenants … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) Under a bill introduced into Parliament earlier this year, the default period for bankruptcy in Australia is proposed to be significantly reduced from three years to one year (along with various other reforms). According to the Explanatory Memorandum which accompanied the Bankruptcy Amendment (Enterprise Incentives) … Read more
By Paul Welling (Principal Solicitor) and Josephine Mammone (Trainee Lawyer) We recently had cause to consider a restraint of trade clause regarding referrers. The decision in Two Lands Services Pty Limited and 1 Ors v Gregory Robert Cave [2000] NSWSC 14 considered the validity of a referrer restraint. Background Mr Cave was employed as a … Read more
By Josephine Mammone (Trainee Lawyer), Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On 27 October 2017, the Federal Court imposed a significant penalty, totaling $1 million, against financial services firm NSG Services Pty Ltd (NSG) in what ASIC has described as ‘the first civil penalty imposed on a financial services licensee for breaches … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) Your company has been served with a Form 509H Creditors Statutory Demand for Payment of Debt – what happens next? In our earlier post titled ‘Statutory Demands – the pros and the cons‘ we discussed the use of Statutory Demands by creditors to recover debts … Read more
