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But I thought we had an agreement!!

By Jeffrey Brown, Principal at Matthews Folbigg Lawyers

The recent judgment in the matter of Hunter Distillery Pty Ltd ([2022] NSWSC 948) is a timely reminder that, when it comes to settling litigation, finality is the key.

In this case, the parties (we’ll them Party A and Party B) had been attempting to resolve disputes arising out of a joint venture to operate a vodka, gin and schnapps distillery. There had been a number of offers and counter offers back and forth between the parties until, on 20 December 2021, an email was sent from Party A’s solicitor to Party B’s solicitor which contained the words: [...]  READ MORE →

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KNOWING YOUR LIMITATIONS

By Anica Cunanan, Solicitor at Matthews Folbigg in the Insolvency, Restructuring and Debt Recovery Group

Has the COVID-19 pandemic affected your approach to debt collection? Have you deferred debt collection, or accepted payment arrangements on matters which you would have previously sent for debt collection? The last few years have certainly tested the limits of creditors’ willingness to defer debt collection. However with debt collection generosity comes the very real risk that some amounts may no longer be available for debt collection. When considering leniency with your debt collection, it is important to know your limitations. [...]  READ MORE →

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COVID-19: Will my hearing go ahead? – Part 2

By Andrew Hack, Solicitor, and Stephen Mullette, Principal, of Matthews Folbigg Lawyers, in our Insolvency, Restructuring and Debt Recovery Group.

We are continuing our series on whether a global pandemic will allow (or force) an adjournment of pending court proceedings.

In Kahil v R [2020] NSWCCA 56 Senior Counsel for the accused sought leave to withdraw from appearing for a co-accused on the 7th day of an estimated 3 week criminal trial. This was because he was aged 69, had a “compromised immune system” and was concerned about his exposure to one of the co-accused (his client) who he described as “fluey”. Counsel had tried to be tested for the COVID-19 coronavirus over the weekend and had been refused because “he did not qualify for a test”. [...]  READ MORE →