In the recent decision of Commonwealth of Australia v Byrnes and Hewitt [2018] VSCA 41 (Commonwealth v Byrnes), the Victorian Court of Appeal provided guidance on the contentious question of whether a corporate trustee’s right of indemnity from trust assets…
Kate McFarlaneThe history of the modern law of negligence has been shaped by competing impulses of unity and division. One court seeks to formulate general principles to identify whether a person owes a duty of care to another. Later courts reject…
Kevin KeeA court may make an order freezing a person’s assets even if that person is not a defendant to proceedings and even if the plaintiff has no cause of action against that person. Such an injunction is called a “Chabra”…
Ellie RuizThis much anticipated litigation in relation to a Saudi law governed Sukuk has established that an arranging bank can owe a duty of care to non-client investors in executing the functions it has assumed in relation to the transaction. Whilst…
Lucas ArnoldWhen management control of a company changes, for example, with the appointment of a liquidator or a new Board of Directors, the new management may wish to scrutinise the actions of the old management and hold them accountable for any…
Kevin Kee and Christina LoIt is trite to say that insolvency matters are non-arbitrable. However, an emerging line of authority suggests a nuanced and fact sensitive enquiry is nevertheless necessary to properly ascertain the essential character of the dispute. The mere fact that certain…
Julia Dreosti and Patrick LeesonEstablishing that a contentious issue should be tried in a particular jurisdiction or under a particular governing law can be crucial to the success or failure of a case. Each jurisdiction has its own advantages and disadvantages, both procedurally, in…
Emma SuttonIn a case that made headlines in the aftermath of the financial crisis, the Court of Appeal has dismissed UBS’s appeal against a 2014 High Court ruling in favour of KWL, the Leipzig Water Authority. In UBS AG (London Branch)…
Caroline MattinThe recent English Court of Appeal decision in Ras Al Khaimah Investment Authority v Bestfort Development LLP and others [2017] EWCA Civ 1014 clarifies the test for the existence of assets on an application for a worldwide freezing order (“WFO”). …
Caroline MattinSection 596A of the Australian Corporations Act 2001 (Cth) provides a mechanism for an “eligible applicant” (usually an administrator, liquidator, or the Australian Securities and Investment Commission) to examine current or former officers or provisional liquidators of a corporation in regards…
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