Commercial Disputes & Litigation

Is a ‘Statutory Demand For Debt’ the Best Way to Recover Money a Company owes you?

If a company owes you money and offers no plausible payment date, what do you do? You might just send a pro forma Letter of Demand demanding payment by a certain date, and threatening legal action if it doesn’t happen. You might even have a solicitor write a letter of that type. That will probably …

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Recent Cases: Directors Legal Liability for the Wrongs of the Company

The way that courts are looking at directors’ duties these days, you have to look at the whole situation the company is in. Particularly as directors can become personally liable for decisions made in their capacity as a director of an Australian company. This applies to all the duties of directors outlined in the Corporations …

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When starting Litigation to Protect Your IP: Anton Piller Search Orders

Usually, when somebody brings a court action there is a drawn-out process called ‘discovery’ where each side asks for evidentiary material from the other side. Sometimes that just gives people time to destroy or conceal evidence. So right at the start of litigation, you should consider asking the court for urgent orders, such as the …

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Asset Freezing Orders by a Court – Mareva Injunctions

An ‘interlocutory injunction’ is a court order made during a court case, before the final judgement, usually considered at the very start of litigation. In the case of a copyright breach involving clothing, for example, the case will take months at least to resolve, but the clothes copied from your designs, or the designs you …

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