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Default judgment – contumacious non-compliance with Court orders
The recent Federal Court case of Pieman v Monks Resources PL v Monks [2025] FCA 88 (Pieman v Monks v Monks) shows the lengths a plaintiff must go to before the Court will order default judgment based on ongoing failure by a defendant to comply with orders. The case involved allegations of misleading and deceptive…
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Legal costs – discontinuing by consent in the Federal Court
Businesses must take care when making forecasts, as potential legal consequences may arise if records of the basis for them are not kept.
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$5k for a letter of demand – but why?
This article examines the costly yet necessary legal steps behind a seemingly simple letter of demand. Learn why a letter of demand can be complex and how to ensure the best result for your client.
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Security for costs in Federal Court
A Court may order a party to pay security for potential legal costs to their opponent. This article examines the law and considerations of the Federal Court in applications for security for costs.
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Security for legal costs in patent invalidity cross-claims
This article examines the application of section 232 of the Corporations Act 2001 (Cth) in 50/50 or equal ownership disputes. The WA Supreme Court has found that oppressive conduct can still be asserted in equal ownership situations.
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What exactly is security for costs?
Learn how a Defendant can protect themselves from not receiving costs in a litigious proceeding if the Plaintiff is unable to pay. Discover the prerequisites, discretionary questions, form, time, and conditions the Court may prescribe for security to be given.
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Are legal expenses tax deductible for new start-ups?
From 1 July 2015, a newly incorporated company, trust or partnership can immediately deduct a range of professional expenses associated with starting a new business, such as professional, legal and accounting advice. This change was introduced by the Tax Laws Amendment (Small Business Measures No. 3) Act 2015 (Cth) which amended the Income Tax Assessment…
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