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A SEPARATION LAWYER DISCUSSES ALTERNATIVE DISPUTE RESOLUTION IN FAMILY LAW PROCEEDINGS

Music to any separation lawyer’s ears is the prospect of parties successfully participating in alternative dispute resolution. There are many forms of conflict resolution that can take place with some including:

  1. Family Dispute Resolution (FDR)
  2. Conciliation
  3. Mediation; and
  4. Arbitration

Family Dispute Resolution

The first process a separation lawyer will advise of (when the main issue is parenting) is Family Dispute Resolution (FDR). This form of mediation is conducted by a FDR practitioner rather than a mediator, arbitrator, or Judge. However, the role of an FDR practitioner is not to provide legal advice (as would a separation lawyer) but instead to ensure all parties’ concerns are voiced and in parenting matters that there is consideration of the child’s best interest. In fact, FDR is mandatory before parties can apply to the court for a ‘Part VII order’ which deals with parental responsibility and provisions relating to parenting orders. It is important to note there are a few exceptions to this rule in operation such as s 60I(9) which addresses instances of family violence. [...]  READ MORE →

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Fighting the Wolf at the Door

By Jacob Reardon a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.

Under section 467(1) of the Corporations Act 2001 (Cth) (“the Act”) the Court has discretion in a winding up application to:

  • Dismiss the application with or without costs, even if a ground on which the Court may order a company to be wound up is proved; or
  • Adjourn the winding up application hearing conditionally or unconditionally; or
  • Make any interim order it thinks fit.

In exercising its discretion, the Court’s attention will be directed to the public interest which usually dictates, in the absence of special circumstances, that an insolvent company be wound up to prevent it from incurring further debts.

In Reform Projects Pty Ltd v Macarthur Projects Pty Ltd [2022] NSWSC 672, Parker J (“Macarthur Projects”) considered an application to have the defendant company (“Macarthur”) wound up in insolvency after it had failed to comply with a statutory demand served by the plaintiff company (“Reform”). [...]  READ MORE →

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Get out of (Liability) Gaol Free under section 447A

By Jacob Reardon a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.

Section 447A of the Corporations Act 2001 (Cth) (“the Act”) enables the Court to make such orders as it thinks appropriate as to the operation of Part 5.3A of the Act. Since its introduction, the Courts have adopted an expansive construction of the provision and have liberally applied the power in a variety of contexts. Accordingly, the provision has become something of a panacea for multiple ills in the context of voluntary administration and has been used in various instances among others to: [...]  READ MORE →

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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 →