Blog

Guides

• Third Party Notice: Contribution and Indemnity

  Facing a claim another person may have to meet? Check the third party notice route, evidence for contribution or indemnity and the response directions.

• Vexatious Proceedings: Orders and Leave

  Check whether a vexatious proceedings order restricts the next claim, what evidence supports an application and when leave is needed to proceed.

• Beddoe Applications and Judicial Advice

  Before a trustee litigates or takes a disputed step, compare a Beddoe application with wider judicial advice and prepare the disclosure and costs record.

• Committee of Inspection: Powers and Decisions

  What can a committee of inspection approve or request? Check membership, conflicts, information powers and the records supporting a valid decision.

• The Forfeiture Rule: Inheritance and Estate Decisions

  Can an unlawful killing bar an inheritance? Check the forfeiture rule, possible relief and the estate records needed before any affected distribution.

• Legal Costs Insurance: Cover for Litigation

  Before you incur litigation expenses, check legal costs insurance in Australia for the insured dispute, consent, exclusions and expert-fee limits.

• Civil Appeal: Grounds, Record and Next Steps

  Prepare a civil appeal or response by identifying the statutory route, alleged error, original court record and consequences of the appellate orders.

• Instalment Order: Apply, Object and Track

  Will an instalment order alter judgment enforcement? The court’s actual terms, means evidence and payment record determine the next recovery step.

• Section 447A Corporations Act: Court Orders

  When an administration needs tailored court orders, identify Section 447A Corporations Act relief, creditor effects and the evidence for the application.

• Vesting Orders: Trust Property and Title Checks

  A new trustee does not settle every title obstacle. Assess a vesting order, prepare the property evidence and verify registration and the handover.

• Leave to Proceed Against a Company in Liquidation

  Liquidation may restrict a claim against the company. Check whether you need leave to proceed, then prepare the claim, prejudice and recovery evidence.

• Solicitor Negligence: Duty, Proof and Loss

  Assess solicitor negligence through the retainer, duty, alleged error and causation, then reconstruct the financial loss without assuming liability.

• Anti-Suit Injunctions: Competing Proceedings

  An anti-suit injunction restrains a party’s competing litigation, with its legal basis, precise terms and permitted conduct central to cross-border relief.

• Further Particulars: Clarify the Pleaded Case

  Cannot identify the payment or allegation you must answer? Request further particulars, assess the response and choose a proportionate court application.

• Relief From Forfeiture: Lease Defaults and Cure

  Facing lease forfeiture? Prepare the default, notice and cure evidence for relief from forfeiture, then check the court’s conditions for restoration.

• Grant Agreements: Terms Government Lawyers Check

  Before settling a grant agreement, connect funding authority, eligible use, milestones, reporting and recovery terms to the public client’s decision.

• Grant Recovery: Establish the Repayment Basis

  Are unspent or disputed grant funds recoverable? Test the agreement, reconcile the amount and preserve the authority, notice and response record.

• Account and Inquiry: Orders and Financial Evidence

  Prepare an account and inquiry around the court’s defined question, with source-backed balances, identified objections and the resulting directions.

• Account Stated: Agreement and Debt Evidence

  An account stated claim rests on alleged assent to an account or balance, with correspondence, payments and objections testing what was actually agreed.

• Costs Capping: Limits on Recoverable Legal Costs

  Costs capping can limit recoverable litigation costs. Check the court’s power, proposed scope, budget evidence and exceptions before relying on a maximum.

• Counsel Brief: Instructions and Financial Evidence

  Prepare a counsel brief that defines the work and exposes the evidence. Organise instructions, disputed financial facts, source records and later updates.

• Disclaimer of Property in Company Liquidation

  Can a liquidator disclaim the company’s property? A disclaimer assessment covers authority, notices, affected interests, legal effect and challenge routes.

• Pooling Orders in Related-Company Liquidations

  Assess a pooling order for company liquidations through separate estate accounts, creditor outcomes and statutory conditions before combining treatment.

• Referee Inquiries: Evidence and Court Reports

  Prepare a referee inquiry from the court’s actual questions. Organise the financial record, test the report and identify what the court must decide next.