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Nicholas McCarthy2018-06-19T01:38:46+00:00

How the Court assesses competing applications for substitution in winding up applications

Pointon Partners regularly appears for creditors at winding up applications in the Supreme Court of Victoria. Creditors owed debts by companies subject to winding up proceedings commenced by others may appear at such hearings as ‘supporting creditors’. Commonly, a company attempting to stave off being [...]

July 16th, 2018|Categories: Insolvency|Tags: , |

Telco’s go head to head in advertising tussle: Telstra Corporation Ltd v Singtel Optus Ltd [2018] VSC 247

Pointon Partners are regularly asked to advise clients as to their prospects of obtaining an urgent interlocutory injunction. Common examples include: preventing a competitor from publishing misleading advertising material; preventing former employees or contractors from disclosing sensitive confidential information to competitors or to the market [...]

July 4th, 2018|Categories: Litigation|Tags: , |

Court Of Appeal Examines What Constitutes A Supporting Affidavit In An Application To Set Aside A Statutory Demand

In the recent case of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131, the  Court of Appeal considered whether a ‘supporting affidavit’ had been sworn, served and filed within the time limit prescribed by section 459G of the Corporations Act 2001 (Cth) [...]

June 22nd, 2017|Categories: Insolvency, Litigation|Tags: |

Overview of the Insolvency Practice Schedule – enhancing the rights of a creditor in an external administration

Introduction The Insolvency Practice Schedule (Corporations) Schedule (Schedule), which was introduced as a schedule to the Corporations Act 2001(Cth) (Act) in February 2016, will become fully operative in the next few months. As at 1 March 2017, a portion of this schedule has become operative, [...]

May 29th, 2017|Categories: Insolvency|Tags: , |