PRACTICE AND PROCEDURE – Application for insolvent trading exoneration defence to be heard separately – Application for third party proceeding to be heard separately – Utility, economy and fairness of trial of separate questions not beyond question – Applications dismissed – Application by defendants for leave to commence derivative proceeding in the name of the plaintiff – Allegations of breach of trust and fiduciary duties by receivers – Potential delay of trial – Derivative proceeding inutile if Court rejects aspects of defence and counterclaim – Application dismissed – Application by third parties for summary judgment – Second defendant claiming equitable contribution in respect of liability for insolvent trading – Questionable whether limitation period prescribed by s 24(4) Wrongs Act 1958 (Vic) applies to claim for equitable contribution – Allegations of unconscionable conduct potentially relevant to application of s 24(4) Wrongs Act 1958 (Vic) – Appropriate to determine issue at trial – Application dismissed – Corporations Act 2001 (Cth) ss 588G, 588M, 1317S, 1318 – Wrongs Act 1958 (Vic) ss 23B, 24(4) – Civil Procedure Act 2010 (Vic) ss 7, 62, 63 – Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 11.12, 11.13, 47.04.
