Blog

Guides

• Functus Officio: Finality and Correction Powers

  Can the original decision-maker change the result? Assess functus officio, final orders and available correction powers before seeking reconsideration.

• Winding Up Applications: Filing, Evidence and Response

  Preparing or opposing a winding up application? Check the debt, court notice, service and solvency evidence before the hearing.

• Cross-Claim: Pleading an Independent Recovery

  A cross-claim advances a defendant’s own claim within existing proceedings, with separate financial schedules, pleading, service and response obligations.

• ATO Safe Harbour: Penalty Conditions and Evidence

  An agent error does not settle ATO safe harbour. Check the penalty conditions and trace what financial information your client supplied to the agent.

• Stay of Proceedings: Apply, Oppose and Comply

  When a civil case needs a pause, identify the grounds for a stay of proceedings, prepare the evidence and check which obligations remain in force.

• Will Wording to Exclude Someone in Australia

  Draft wording to exclude someone from an Australian will, recording independent disinheritance instructions and the claim risks no clause can remove.

• Declaratory Relief: Frame the Disputed Right

  What would a declaration settle in your financial dispute? Frame declaratory relief around the contested right, the parties and its practical effect.

• Equitable Mortgages: Creation, Debt and Proof

  Does the evidence support an equitable mortgage? Test the security promise, property and debt, then distinguish registration, priority and enforcement.

• Derivative Actions: Company Claims and Leave

  Who can pursue a company claim when its controllers will not act? Assess derivative-action leave, supporting evidence and control of the proceedings.

• Guardianship of a Child in Victoria and WA

  Seeking guardianship of a child in Victoria or Western Australia? Identify parental responsibility, the right court and the evidence for the proposed care.

• Interpleader: Account for Funds With Rival Claims

  Interpleader provides a court route for rival claims to one fund, with the stakeholder’s evidence, holding account and resulting directions kept together.

• Writ of Execution: Property Recovery and Returns

  Before seeking property seizure and sale, check the writ of execution, Queensland or Victorian procedure, costs and the supported unpaid judgment.

• Civil Penalties: Liability, Evidence and Orders

  Facing a civil penalty allegation? Identify the contravention, applicable maximum and financial evidence before separating penalty, compensation and costs.

• Escrow Agreements: Funds, Release and Accounting

  Holding funds under an escrow agreement? Identify the holder, release conditions and dispute instructions, then reconcile every receipt and payment.

• Expert Determination: Scope, Evidence and Outcome

  A contract sends a financial issue to expert determination. Check the expert’s mandate, provide a reconciled record and verify the decision’s effect.

• Parol Evidence: Written Terms and External Records

  Can outside records change the written bargain? Assess the parol evidence rule, the purpose of each document and the issue the court must decide.

• Standstill Agreements: Scope, Time and Expiry

  Negotiating while a claim deadline approaches? Check what the standstill agreement covers, how time is treated and which event ends the protection.

• Commercial Arbitration: Agreement, Evidence and Award

  A commercial dispute may belong in arbitration. Check the agreement and governing regime, prepare the financial record and verify the award’s effect.

• Section 247A Corporations Act: Book Inspection

  Need company books to investigate a member’s concern? Prepare a Section 247A Corporations Act application with a defined purpose and inspection limits.

• Enforcement Hearing: Prepare the Debtor’s Record

  An enforcement hearing establishes a judgment debtor’s means through financial questions and recorded answers, informing the next supported recovery step.

• Section 1322 Corporations Act: Irregularities

  A defective company act can affect later decisions. Assess Section 1322 Corporations Act relief, evidence of prejudice and the order needed to proceed.

• Recovering Legal Costs: Orders and Payment

  Does a costs order mean your client gets paid? Legal costs recovery also involves quantifying the entitlement, checking receipts and pursuing the balance.

• Consent Judgment: Check Terms, Entry and Payment

  Turn an agreed money outcome into a consent judgment with precise terms, proper authority and a checked court result before reconciling payment.

• Director Removal: Process, Records and Handover

  Carry out director removal under the company’s actual rules, with verified notice, voting, cessation records and a handover of financial authority.