When confronted with a potential litigation there are usually 2 responses:
On 15 November 2019 the Australian Law Reform Commission released a Discussion Paper into Corporate Criminal Responsibility.
Recently, the Australian Institute of Family Studies (‘AIFS’) released an Evidence Summary of a study it had conducted in relation to post-separation parenting outcomes. The Evidence Summary provides very interesting statistics regarding family law parenting outcomes that cast some light on the process. While statistics do not always tell the whole truth, they can indicate trends in the family law parenting process that may be helpful when determining the best course of action in your case.
In a recent blog post, we explored the mandatory requirement for parties to attempt to resolve their parenting dispute with the assistance of family dispute resolution (‘FDR’) prior to applying to the court for parenting orders: Family Law Act 1975 (Cth) s 60I(1). However, s 60I(7) provides various exceptions to this mandatory requirement such as the following:
In 2005 and 2009, crucial amendments were made to the Bankruptcy Act 1966 (Cth) and the Family Law Act 1975 (Cth) that bestowed jurisdiction upon the Family Court of Australia in bankruptcy for married and de facto couples.
In civil litigation, costs orders are where the court orders that one party pays another party’s legal costs. Costs orders can be made during or after court proceedings and may relate to the whole proceedings or a particular part of the proceedings. Costs orders are also assessed entirely at the court’s discretion depending on the facts of the case and the conduct of the parties.
It is quite common in civil litigation proceedings for the Defendant or Plaintiff to be located in another state. The person you are intending to sue may live interstate or their registered office may be interstate. Either way, there are a number of things to think about if you intend to sue someone who is not in the same state as you.
When a person who owes you money becomes bankrupt, it may become a lot more difficult for you to recover your debt. A trustee (being a person or entity) steps in to manage the bankrupt’s affairs. The trustee works with the bankrupt individual and the bankrupt’s creditors to achieve a fair outcome for all. While the trustee will endeavour to ensure all creditors receive due payment for the amounts owing to them, creditors may have to commercially accept ‘cents in the dollar’ to ensure they receive some payment for their debt.
Unlike wine, debts don’t improve with age. Once you have made a decision to take action to recover a debt, it is important to move quickly in deciding the means by which you will pursue repayment.
If someone owes a debt to you that they refuse to pay, you may wish to take legal action to pursue them for payment of the amount owing. If you decide to sue someone for the debt, the first question you must consider is the applicable jurisdiction. In other words, you need to ask yourself the question, ‘In which jurisdiction should I pursue my debt?’.