Katherine A Brazenor joined the Victorian Bar in 2013. Previously, Katherine was an Associate at the Federal Court of Australia, first to the Honourable Justice Michelle Gordon in 2011, and then to the Honourable Justice John Middleton in 2012 and 2013. Katherine practices in all areas of commercial and corporate …..
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In a number of recent decisions courts have made adverse comments about the behaviour of government litigants. Parliament is also considering legislation designed to make the model litigant rules legally enforceable.
In this seminar the speakers review the model litigant guidelines and the recent decisions in FCT v Donoghue [2015] FCAFC 183; (2015) 237 FCR 316; Gould v DCT [2017] FCAFC 1, North West Melbourne Recycling Pty Ltd v Commr of SR (Vic) (No 2) [2017] VSC 726, Shord v FCT [2017] FCAFC 167, and Shord v FCT (No 2) [2018] FCAFC 27.
This is a debate between barristers Damien McAloon and Katherine Brazenor on the issue of whether the peak indebtedness rule remains an essential part of Australian Law. The Moderator is retired Federal Court Judge, the Honourable Ray Finkelstein AO, QC. The debate is sparked by the New Zealand Court of Appeal rejection of the peak indebtedness rule in Timberworld Ltd v Levin [2015].