A recent decision of the Full Court of the Federal Court considered whether legal professional privilege was maintained in legally privileged documents that were voluntarily disclosed to ASIC as part of a regulatory investigation.
There can be enormous impacts when commercial organisations are called upon to be involved in royal commissions or commissions of inquiry. Understanding the legal framework underpinning these proceedings and the issues that commonly arise from an organisational perspective can assist in mitigating the challenges.
Cooper Grace Ward’s litigation and dispute resolution team and lead partner Rocco Russo continue to receive outstanding market recognition having been ranked in the recently released Chambers Global 2024 international rankings.
Cooper Grace Ward’s Litigation and Dispute Resolution team has again been ranked among the top Australian practices in The Legal 500 Asia Pacific rankings for 2024.
A 139ZQ notice issued by the Official Receiver is a powerful tool for trustees in bankruptcy seeking to recover a benefit received by a third party from an alleged void transaction. These include transactions such as an unfair preference, an undervalued transaction, or a transaction to defeat creditors.
It is not uncommon for a repairer or the provider of storage facilities who is in possession of goods (a bailee) to be owed costs for work or storage services.
In a recent decision, a holding company of a group of companies was held to be the ‘true employer’, despite its subsidiary being documented as the ‘employer of record’.
It is a defence to an unfair preference claim to show there were no reasonable grounds to suspect the insolvency of the debtor company.
Cooper Grace Ward’s Dispute Resolution team continues to be recognised as a leading practice, being included in The Legal 500 Asia Pacific 2019 rankings of leading law firms and lawyers for Dispute Resolution.
Rocco Russo leads the Dispute Resolution and Litigation practice at Cooper Grace Ward and has been recognised by Chambers & Partners as one of the most outstanding lawyers within the Asia Pacific Region in dispute resolution, and the highest ranked from Brisbane.
Liquidators are commonly appointed to a company where, prior to liquidation the company was a trustee of a trust. Often when the liquidators are appointed, the company has ceased to be the trustee and a replacement trustee has not been appointed.
When liquidators are appointed to a company, unsecured creditors often don’t take much of an interest in the liquidation process, immediately assuming all is lost.