Sam Sykes

Appeared for successful cross-claimant in an application to have a personal insolvency agreement set aside and for a trustee in bankruptcy to be appointed.

Representative proceedings – appeared for a defendant in obtaining an order for security for costs in representative proceedings where proceedings.

Insolvent trading – acted for the successful liquidator in a case where the court considered the defences in section 588H(2) and (3) of the Corporations Act 2001 (CTH).

Negligence.

Leave to appeal – intentional torts – led by R Cheney SC.

Fixed sum costs – statutory construction of rule 36.16.

Fixed sum costs and construction and interpretation of Court orders.

Corporations – Validation of an administrator’s appointment.

Consideration and application of the Court’s inherent supervisory jurisdiction over solicitors in the context of exorbitantly charged legal fees.

Administrative law – construction of Greyhound Racing Rules and related legislative instruments.

Interlocutory and mandatory injunction about construction and enforcement of contracts.

Insolvent trading summary dismissal application.

Restraint of trade and of solicitation.

Consideration of the scope of an equitable, Universal Distributing Co Ltd (in liq) lien for an administrator and the necessity to create a pool of funds – led by J Evans KC.

The Court’s inherent supervisory jurisdiction over solicitors. Restitution. Construction of costs disclosures.

Bankruptcy – application to appoint trustee to control estate prior to the making of sequestration order.

Freezing order application.

Effect of Service and Execution of Process Act and discretion under Uniform Civil Procedure Rules to allow proceedings commenced irregularly. 

Double insurance and contribution between insurers – led by S Donaldson SC.

Statutory derivative action by director of company.

Administrative law – consideration of the interplay between the Apprenticeship and Traineeship Act 2001, Fair Work Act 2009 and an employer’s rights to terminate employment.

Bankruptcy, penalty provisions in contract and third party payer costs considerations.

Double insurance and contribution between insurers – led by S Donaldson SC.

Double insurance and equitable contribution – led by S Donaldson SC.

NCAT jurisdictional question and costs.

Contested application to proceed against a company in liquidation nunc pro tunc to preserve limitation period.

Unfair dismissal – costs.

Unfair dismissal.

Public liability – serious brain injury and consideration of issues surrounding serious medical causation – led by R Cheney SC.

Public liability – serious brain injury – led by R Cheney SC.

Penalties in contract – led by J Hyde Page.