Newsflash: Great Southern settlement deed approved

Yesterday in Melbourne Justice Croft approved the deed of settlement ending the Great Southern class action proceedings – Clarke (as trustee of the Clarke Family Trust) & Ors v Great Southern Finance Pty Ltd (Receivers & Managers Appointed)(in liquidation) & Ors [2014] … Continue reading

Timbercorp appeal fails, as the Great Southern trial draws to a close

As the marathon Great Southern trial finally draws to a close in the Victorian Supreme Court – just before the first anniversary of its commencement (link) – there has been a significant, relevant judgment delivered. Last week the Victorian Court … Continue reading

Newsflash: Great Southern Class Actions to start tomorrow (Monday 29 Oct)

One of the largest set of group proceedings yet commenced in the Supreme Court of Victoria is set to start tomorrow (Monday 29 October 2012). The trial will be heard by his Honour Justice Croft and at this stage is … Continue reading

Application for approval of funding agreement by Liquidators – s 477(2B) – Confidentiality and Privilege – Great Southern

On Thursday the Federal Court in Perth handed down its decision on an ex parte application by the Liquidators of the Great Southern companies (Great Southern Limited, Great Southern Managers Limited and Great Southern Finance Pty Ltd) for approval under s 477(2B) of the … Continue reading

A – L

A Amerind appeal – Commonwealth v Byrnes and Hewitt as receivers and managers of Amerind Pty Ltd (receivers and managers appointed)(in liq) [2018] VSCA 41 – trading trusts, trustees’ right of indemnity – property of the trustee, statutory scheme of priority applies … Continue reading

2012 – Case reviews

February Deputy Commissioner of Taxation v National Skin Institute (Aust) Pty Ltd [2012] FCAFC 2 – Full Federal Court rules on the Commissioner’s practice re affidavits in support of winding up applications Re Willmott Forests Ltd [2012] VSC 29 – … Continue reading

Re Willmott Forests Ltd (No 2) – s 511 power to affect third party rights, scheme land not “scheme property” and liquidators of REs

In February I posted about the decision of Davies J of the Victorian Supreme Court of 9 February 2012 on a preliminary question raised by the liquidators of Willmott Forests Ltd (WFL). The preliminary question was as to whether the … Continue reading

Re Willmott Forests Ltd – Disclaimer of onerous property by liquidators – does the disclaimer of a lease by the landlord company’s liquidator extinguish the tenant’s proprietary interest in the land?

On Thursday (9 February), Davies J of the Victorian Supreme Court handed down her decision on a preliminary question which she was asked to decide on application by the liquidators of Willmott Forests Ltd (WFL), supported by the receivers and … Continue reading

Newsflash: High Court denies Timbercorp investors special leave to appeal

On Thursday (10 April 2014) the High Court of Australia refused special leave to appeal to the Timbercorp investors from last October’s Victorian Court of Appeal decision. For those who would like a more detailed understanding of the case, I wrote … Continue reading

2013 – Case reviews

January  Prudential plc, R v Special Commissioner of Income Tax [2013] UKSC 1 – UK Supreme Court rules on the legal advice privilege and whether it extends or ought extend to legal (tax law) advice given by accountants February HC Legal … Continue reading