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Monthly Archives

April 2023

Litigation
19 April, 2023

Security For Costs Applications In Federal Court Class Actions

Its Eco Pty Ltd v BPS Financial Limited FCA 842 Security for costs (SFC) orders cannot usually be made against individuals, unlike corporations, in class actions in the Federal Court of Australia (the general rule). However, builders and/or their insurers should be relieved as the Federal Court of Australia (FCA)…
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BuildingConstructionDefectsLawProjectsProperty
12 April, 2023

Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act

The introduction of the Design and Building Practitioners Act (DBPA) represents a tremendous reform for the construction industry. The duty of care imposed by section 37 has the potential to impact both businesses and individuals significantly. Industry stakeholders should be aware of the limitation periods applying to this duty. Relevant…
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CommercialInsolvency
4 April, 2023

Voluntary Winding Up or Deregistration?

Once a company has stopped trading, directors can wind up its affairs through either a members’ voluntary winding up or a deregistration.  This article explains each process as well as their benefits and drawbacks. Members' voluntary winding up Overview of the process Voluntary winding ups commence when the shareholders of…
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