PRACTICE AND PROCEDURE – application for return of bank guarantees provided as security for costs – where defendant is an incorporated legal practice representing itself – bank guarantees provided prior to Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 372 ALR 555 – exercise of court’s discretion to make interlocutory orders – not necessary nor desirable to order return of bank guarantees – application dismissed

PRACTICE AND PROCEDURE – application for leave to appeal from an application for an interlocutory injunction restraining removal of applicant from Australia – where applicant requested ministerial intervention in relation to visa cancellation under s 351 of the Migration Act 1958 (Cth) – application dismissed

CORPORATIONS – members’ scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) – order made for convening of shareholders’ meeting

PRACTICE AND PROCEDURE – whether order made pursuant to s 73 of the Bankruptcy Act 1966 (Cth) setting aside a bankruptcy composition should be stayed pending appeal – whether grounds of appeal reasonably arguable

CORPORATIONS – fourth application for remuneration of receiver – consistent with previous claims for remuneration – interim payment of 85% of claimed remuneration and 100% of claimed expenses for the relevant period ordered – orders made requiring Registrar to fix receiver’s remuneration

COSTS – whether refusal by plaintiff to accept settlement offer unreasonable – plaintiff to pay portion of defendant’s costs on indemnity basis

CORPORATIONS – application for discharge of receiver – application for orders dispensing with compliance with sub-rules 7.5(5) and (6) of the Federal Court (Corporations) Rules 2000 (Cth) – procedural orders requiring service of discharge application on affected persons made – discharge application set down for hearing at a later date – order dispensing with requirements of sub-rules 7.5(5) and (6) of the Federal Court (Corporations) Rules 2000 (Cth)

BANKRUPTCY – applications to set aside two bankruptcy notices – election not to pursue one of the bankruptcy notices – whether bankruptcy notice based on final judgment – whether applicant has set-off or counter-claim – whether bankruptcy notice has defect – applications dismissed

CORPORATIONS – winding up – public examinations – summons requiring production of documents – scope of power pursuant to s 596D(2) to require production of documents – whether documents the subject of summons relate to the examinable affairs of company – documents concern ability of examinee to meet any judgment obtained by liquidator – whether liquidator obliged to establish more than the possibility of the existence of a claim against examinee

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0894

PRACTICE AND PROCEDURE – application to revise reasons for judgment before orders entered – re-opening application

PRACTICE AND PROCEDURE – costs – costs of interlocutory application – where application was substantially successful – whether any basis to depart from ordinary rule that costs follow the event

IMMIGRATION – necessity for a Minister to act in accordance with law – failure to do so PRACTICE AND PROCEDURE – order made on basis that a decision of a single Judge was not clearly wrong – liberty to apply – subsequent decision of Full Court – variation of order previously made

CORPORATIONS – application for orders for rectification of ASIC register, injunctive relief and declaration – where first defendant lodged documents with ASIC to change company details of director and secretary, shareholding and registered address – where first defendant represented herself as officer of company to third parties on basis of changes to register – whether changes to register justified on basis of agreement between parties – whether deed of amendment to alter beneficiary of trust is valid – whether substantial injustice to first defendant if orders to rectify register made – application allowed

PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where proceedings have been discontinued – where information sought to be suppressed relates to the business affairs of the first respondent

CORPORATIONS – application for approval of scheme of arrangement – where plaintiff proposes re-domiciliation from Australia to the United States of America – where plaintiff seeks orders to dispense with procedural requirements – application granted

CORPORATIONS – improper use of information obtained through employment – injunction granted
CONTRACTS – breach of employment agreement – unauthorised use of confidential information – injunction granted
EQUITY – restraint of unauthorised use of confidential information – injunction granted

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0868

TRADE MARKS – appeal pursuant to s 104 of the Trade Marks Act 1995 (Cth) – where the parties have reached a settlement and the Registrar of Trade Marks does not oppose the orders sought – where there is no moving party on the appeal and no hearing on the merits of the appeal has been conducted – appeal allowed by consent

PRACTICE AND PROCEDURE – application to transfer proceeding to Queensland registry to be heard in person – no practical injustice to the parties to proceed by audio link – application dismissed
PRACTICE AND PROCEDURE – application for leave to file expert opinion – evidence irrelevant to present proceeding – application dismissed