No Comments

Transferring Proceedings to Another Court

There are a number of reasons why it might be considered desirable to move court proceedings to a different Court.  The subject matter of proceedings may make it more suitable for being heard in a specialized Court, or the location of a party to the proceedings may give rise to questions of convenience.

In the recent case of Perugini v Perugini, Mrs Perugini, who was the plaintiff in the proceedings, by way of summons sought to have the proceedings in the District Court of New South Wales removed to the Supreme Court of New South Wales. Once the proceedings were transferred to the Supreme Court of New South Wales, they were then to be transferred to the Federal Circuit and Family Court of Australia. The plaintiff and the defendant agreed to do anything reasonably necessary to bring about the transfer of proceedings. The Court subsequently granted the request and referenced an array of relevant principles regarding how the courts should assess an application for a transfer of proceedings. [...]  READ MORE →

No Comments

Standing to Stay?

By Aritree Barua, Solicitor at Matthews Folbigg Lawyers

Once a company has been wound up, it can be very difficult (but by no means impossible) to undo or even temporarily halt the winding up process. Only those with proper standing may even attempt such a feat.

In Sebie v ENA Development Pty Ltd (in liquidation) (Receiver Appointed), in the matter of ENA Development Pty Ltd [2023] FCA 2, the Federal Court of Australia (“the FC”) rejected an application made by Mr Robert Sebie (“Mr Sebie”) for a stay of the winding up of ENA Development Pty Ltd (“ENA”). [...]  READ MORE →