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This case involved a party seeking to have a Creditors Statutory Demand (CSD) set aside by raising a multitude of arguments including: an off-setting claim, a genuine dispute claim; a penalty claim and contravention of other legislation

We are often approached by clients in receipt of a winding up application in which a creditor relies upon the failure by the client to comply with the earlier creditor’s statutory demand; only to be told the client has a genuine dispute about the debt which underlies the creditors statutory demand.

In a recent ruling by the Victorian Civil and Administrative Tribunal (VCAT), lot owners gained new clarity on their rights to access Owners Corporation records.

Facing court can be stressful — the legal language shouldn't add to it.

Legal disputes can be a turning point for any business, potentially disrupting operations, draining resources, and placing reputations at risk.

In the world of business and commerce, disputes are almost inevitable. They may arise from misunderstandings, competing interests, or breaches of contract.

Tick tock – Contract beats the Clock!

In Greatcell Solar Ltd (in liquidation) [2024] FCA 1121 (Greatcell), joint and several liquidators for Greatcell Solar Limited (in liquidation) and Greatcell Solar Australia Pty Ltd (in liquidation) sought the Court’s approval pursuant to section 477(2B) of the Corporations Act 2001 (Cth) to enter into funding and costs agreements for the purpose of pursuing litigation. The liquidators had already entered into the agreements before applying to the Court for approval.

Recently, the Supreme Court clarified when a default notice will be binding under an agreement. Whilst the Court ultimately found in favour of the Plaintiff, the Court stressed the need for the parties to strictly adhere to the terms of the agreement. Further, the Court emphasised that terms are to be interpreted by reference to the agreement as a whole and to the ordinary meaning of its terms.

The Aitken Partners x Svenson Barristers 2024 MOOT has come to it's riveting conclusion! We had the privilege of hosting the inaugural Aitken Partners x Svenson Barristers MOOT Grand Final, and what an incredible night it was!

The scope of preliminary discovery was contemplated in the recent Supreme Court decision Wadren Pty Ltd & Anor v Probuild Constructions (Aust) Pty Ltd & Ors [2023] VSC 348 (29 June 2023), wherein Wadren Pty Ltd and QIC Werribee Pty Ltd (Plaintiffs) made an application pursuant to rr 32.03 and 32.05 of the Supreme Court (General Civil Procedure) Rule 2015 (Vic) (Rules) against Probuild Constructions (Aust) Pty Ltd (Probuild) and AIG Australia Limited (AIG).

More than three years after the death of Patrick Cronin, the Supreme Court of Victoria handed down a decision to award compensation for pain and suffering to his parents and siblings against his killer, Andrew William Lee.