Funding, Fairness and Forum Choice: The High Court’s Warning in Bogan v Smedley
Bogan v Smedley confirms that a Victorian Group Costs Order is decisive when assessing whether a national class action should be transferred interstate. Without it, the class action would likely collapse. This article explains the ruling and how Clean Law’s cost-alignment safeguards prevent funding risks from undermining client rights.
When One Missed Deadline Decides Everything
A High Court case showing that missing the 21-day statutory demand deadline removes the court’s jurisdiction entirely — and how Clean Law’s cost-alignment structure reduces the systemic delay risks that lead to this outcome.
When Tax Debts Become Insolvency Ammunition: Lessons from Broadbeach on Process, Power and Cost Risk
The Broadbeach decision shows how tax assessments can support statutory demands even while review is pending. This article explains the ruling and how one-path funding is built to stop clients paying for multiple litigation paths at once.
When Set-Off Meets Fairness: Insights from Metal Manufactures v Morton
The High Court’s decision in Metal Manufactures v Morton closed the door on creditors using statutory set-off to shield unfair preference payments. This case note unpacks the Court’s reasoning, why the set-off argument failed, and what today’s businesses can learn from a judgment built around fairness, transparency, and the proper handling of money moving in both directions. It also shows how Clean Law’s escrow safeguards reflect the very principles the High Court reinforced.
Fairness in the Flow of Money: Lessons from Bryant v Badenoch
The High Court’s decision in Bryant v Badenoch reshaped the law of unfair preferences by rejecting the peak-indebtedness rule and reaffirming the deeper purpose of the running-account principle: to look at the relationship as a whole. This case note explains the judgment’s logic and why it matters for modern business relationships, especially where finances move back and forth in ways that can mask underlying vulnerabilities. It also shows how Clean Law’s escrow safeguards reflect the same fairness architecture the Court reinforced.
When a Pause Can Save a Company
The High Court confirmed that a deed of company arrangement can lawfully pause creditor claims even when no property is available for distribution. Mighty River v Hughes [2018] HCA 38 explains why Part 5.3A allows a structured pause to preserve value, protect creditors, and ensure decisions are made with proper information.