Yesterday the Supreme Court published its long-awaited decision in the Joe & Joe Developments litigation.
The litigation has been the subject of much gossip in the industry as it concerned allegations of rampant overcharging by insolvency practitioners and their lawyers. Commentators and industry observers have been poised, salivating, waiting for the scandal to break.
In the event, as is often the case with gossip, the facts were found not to justify the hype. Continue reading
The last week has seen a flurry of interesting court decisions from State and Federal courts. Six decisions are of particular note, and each is worthy of a separate, detailed update.
On Friday, the District Court of New South Wales handed down a decision with potential relevance to any director penalty notice (DPN) claims involving a DPN issued before 1 July 2010.
In the course of handing down the decision, the court also criticised the ATO for engaging in sharp practice when it was supposed to be a “model litigant”. Continue reading
The Victorian Supreme Court has recently determined that the appointment of an administrator the day before a winding up hearing amounted to an abuse of the voluntary administration process Continue reading