Commercial Litigation

Monday, October 19, 2015

Word or PhraseDescription
BankruptcyAn insolvent individual whose finances are managed by an independent trustee.
Building DisputeAny dispute with arises out of a construction contract or is related to any type of structure that is built on land or an agreement concerning the building of any structure on land.
Civil LitigationAny court proceedings which are not of a criminal or family law nature.
Commercial LitigationAny court proceedings where the subject matter of the dispute stems from a commercial relationship.
Corporate DisputeAny dispute with stems from the dealings of an Australian company.
Directors DisputeAny dispute between company directors that concerns the affairs of a company.
DisputeAny situation where one party desires a different outcome to another party.
Employment DisputeAny dispute related to an employment or in some cases, subcontractor relationship.
Franchise DisputeA dispute concerning a franchise agreement between a franchisor and franchisee, usually pursuant to a franchise agreement.
InsolvencyInability of a person or other party to pay their debts as and when they fall due.
Intellectual Property DisputeAny dispute that concerns the ownership of design rights, copyright, creative rights or the ownership of property which does not have a physical nature but which is the fruit of somebody’s labours.
LiquidationThe process by which an insolvent company has its affairs wound up.
Meeting of CreditorsAny meeting called by a liquidator, trustee in bankruptcy, or administration etc which brings together the creditors of  a company or person so that they can ask questions and decide the answer to certain questions as a group.
Part X AgreementAn agreement between an insolvent person with their creditors so that the person can pay the debts off without becoming a bankrupt.
Property DisputeAny dispute which relates to property holding or the reorganisation of real property (eg subdivision, development application etc).
Public ExaminationThe examination of company directors or certain other classes of people in a formal way before a court so that liquidators, trustees in bankruptcy or certain other people can obtain information on oath.
ReceivershipThe appointment of an external party to control the business and/or assets of the company, and if necessary, sell the assets and/or business so that a secured creditor gets paid back their debt.
SolvencyThe ability to pay debts as and when they fall due.
Subcontractor ChargeA claim by a subcontractor either over assets or payment from a builder to a head contractor, usually pursuant to the Subcontractors Charges Act 1974.
Tax DebtAny debt or alleged debt which is owing to the Australian Taxation Office or claimed by them.


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