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What is standard discovery in Federal Court?
This article provides an in-depth look into the requirements of standard discovery in the Federal Court of Australia. Learn more about the relevance of documents, what constitutes ‘readily accessible’ documents, and relevant case law for narrowing the scope of discovery for a just resolution of disputes.
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Can contractors owe fiduciary duties to principals?
This article examines whether independent contractors owe fiduciary duties to their principal, as well as any additional statutory duties that may be imposed on independent contractors who are company directors.
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Inspection of documents in the Federal Court process
Document inspection in civil litigation before the Federal Court of Australia: rights of parties, rights of non-parties, court rules, and the two exceptions to presumption of access for non-parties.
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Is it possible to obtain oppression orders during company liquidation?
Despite liquidation, minority shareholders may still have remedies if they were treated unfairly. Learn more in our article, “Shareholder Oppression and Liquidation: Are Remedies Still Available?”
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Disputed debts in body corporate matters
This article examines the potential consequences of missing contribution levy payments in community titles schemes. It looks at specific cases and the risks associated with disputed body corporate debts, including the High Court decision of David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48.
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Essentials for proving service in Federal Court
Applicants must serve documents on Respondent personally. If evaded, can apply for Deemed or Substituted Service, with proof of attempts, and leave to serve outside Australia if overseas.
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What is a Mutual Will and why have one?
Mutual Wills are a contractual agreement between two people to ensure their children take the estate of the survivor upon death. Learn more about how to protect assets for a particular beneficiary with this method.
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Ed Sheeran wins “Shape of You” copyright case
This article examines the legal test for copyright infringement in Australia, using Ed Sheeran’s Court case in the UK as an example. Find out how the Courts determine when a song is a copy of another and what the implications are for musicians.
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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.
