2020 – Case reviews

March

Alpine Valley Flour Mills Pty Ltd v Grainlink (NSW) Pty Ltd [2020] VSC 85 – application to set aside statutory demand – whether alleged offsetting claim was genuine – debt had previously been acknowledged, reasons given for non-payment, promises to pay made, no mention of any offsetting claim prior to statutory demand

August

Huang v Deputy Commissioner of Taxation [2020] FCAFC 141; 280 FCR 160 – worldwide freezing and ancillary disclosure orders – whether r 7.32 of the Federal Court Rules 2011 (Cth) requires that there be a ‘realistic possibility’ that any judgment obtained by the plaintiff can be enforced against assets of the defendant in the place to which the proposed order relates, as a mandatory jurisdictional precondition, before such freezing orders will be made or continued – High Court appeal hearing listed for 13 October 2021