Benefits of Membership

LAWorld is a dynamic, modern and technically efficient international legal network.  Our members tell us that the benefits of membership are:
  • The immediate advantage of being internationally connected - with fast access to expert cost effective legal advice anywhere in the world. Your clients will be favourably impressed by the international capabilities you can now offer.
  • The opportunity to receive and make referrals to and from responsive lawyers that you meet and get to know as colleagues, who are bound together by a quality code of practice.
  • Our 55 members are currently located in the following 44 countries: Albania, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, England, Finland, France, Germany, Greece, Hungary, India, Israel, Italy, Japan, Malaysia, Mexico, Morocco, Netherlands, Nigeria, Poland, Portugal, Romania, Russia, Singapore, Slovak Republic, South Africa, Spain, Sweden, Switzerland, Turkey, United Arab Emirates and United States of America.  If LAWorld does not have a member in a jurisdiction that is important to you, it is likely that at least one of our members will be able to recommend a suitable local lawfirm.
  • The use of the LAWorld logo and brand to increase your profile with your clients
  • Annual and regional meetings to discuss issues of common interest, to enhance your international business connections and initiate sound marketing and practice development ideas within a non-competitive legal environment. In recent years the Annual Conference has rotated in member cities around the world:  2012 Rio de Janeiro, 2013 Zurich, 2014 Hong Kong, 2015 Washington DC and 2016 will be in Cape Town, between 6-8 April 2016.  Members connect several times a year: at the annual conference, regional meetings, at the annual International Bar Association conferences and via telephone conferences.
  • Membership of LAWorld is useful in helping to attract and retain high quality staff, as employee exchanges can be arranged with other LAWorld law firms around the globe.
  • An established Code of Practice adopted by all member firms Support of an English speaking administrative and marketing Executive Office with contacts around the world
  • Benefit from inclusion in a modern and technically sophisticated website with a website optimisation programme which has given LAWorld a top Google position for "international legal networks".
  • Participation in marketing and business development initiatives including:

- A website that provides an international legal profile for your firm

- introductions to referrer business organizations during each annual conference

- mutual education and support at conference with talks about local legal/business topics; practice development and marketing topics.

- members brochure

-members on-line blog

- LAWorld marketing material including website entry, newsletters, inclusion in the Martindale-Hubbell International Law Directory, HG Org etc

- Business and Marketing Plan with several new initiatives to support our members

- Internal member news bulletins - keeping you in contact with members regularly

- English editing services for articles, websites etc.

- A younger lawyers network, which encourages the more junior lawyers in your firm to become actively involved in developing social and business relationships with other younger lawyers from around the world.

LAWorld News

Does The Appointment Of A Voluntary Administrator Stop Play?

Australian law is changing.  The appointment of a voluntary administrator does not mean your civil action cannot proceed. Polczynski Lawyers from Sydney, Australia, explain how to navigate this treacherous path.

A common scenario: Proceedings have been set down for hearing. The trial date is imminent. The barristers are sharpening their claws for cross-examination. Witnesses are lined up to give evidence. The final flurry before hearing is in full swing. But wait! The defendant has called time out! A voluntary administrator has been appointed in the countdown to kick-off. What now? 

Polczynski Lawyers was recently involved in such a case and was able to play on, obtaining leave to proceed and then judgment within a short time.   We’ll explain the steps.

The time out whistle 

Section 440D of the Corporations Act 2001 (Cth) provides for a freeze of proceedings against a company in administration unless and until either the administrator consents to a continuation or the Supreme or Federal Court grants leave to proceed. 

Permission to play on 

The Courts’ traditional stance has been that leave to proceed will rarely be granted. The Courts have been concerned about administrators being diverted from their core responsibilities and incurring legal costs running litigation on behalf of the company. 

The idea that leave should only be granted in rare cases has, however, been challenged in recent years. We can now tentatively say it no longer represents the status quo. 

In Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd (2011) 285 ALR 207, Justice Hammerschlag said that, whilst a stay is the starting point, each case must be looked at on its own merits to decide whether or not leave should be granted. 

Our client’s recent match 

In our case, the administrator was appointed only days before a hearing was to commence in the District Court. The plaintiff’s claim related to unpaid invoices and was not disputed, however the defendant had filed a cross-claim seeking damages due to the supply of allegedly faulty products. 

In granting leave to proceed, Justice Brereton noted that the administrator must have conducted some enquiries into the company before consenting to act. He should, therefore, have been aware of the proceedings and the impending hearing date. The eleventh hour appointment of the administrator afforded no reason to interfere with the progress of the proceedings, at least so far as the plaintiff’s claim was concerned. 

Section 440D does not operate to stay a cross-claim filed by the company in administration. Therefore, the administrator could take his own course on the cross-claim and could seek an adjournment of the hearing the following day. 

With leave granted, the plaintiff called game on and judgment was entered on the plaintiff’s claim. The defendant’s cross-claim was dismissed by the District Court Judge with a limited right to file any fresh proceedings within one month. 

Post-match review 

Litigants, as well as prospective administrators, should be aware that their appointment does not necessarily mean time out will be called on any litigation the company is involved in. In particular, where a hearing date looms an administrator may be told to play on and cannot assume a stay will remain in place. The administrator must, therefore, look at any litigation the company is involved in prior to appointment and formulate a game plan. 

Key questions the administrator should ask include: 

1. What stage are the proceedings at? Has a hearing date been set? If so, when is it? 

2. What are the prospects of success for the case? What are the consequences of failure? 

3. What are the costs of continuing to run the matter to trial? How is that litigation to be funded? 

4. What are the reasons for the appointment of an administrator? Is the appointment simply an attempt to frustrate the claim by imposing a stay? 

There are real risks to an administrator that tend to increase in severity when the appointment is late in the proceedings.  An administrator may be personally liable for legal costs of the litigation after his or her appointment. Accordingly, before getting swept up in the litigation, the administrator should ensure the assets of the company are sufficient to provide an indemnity for those costs. 

Plaintiffs that are facing a late appointment of an administrator for a defendant company should note that  this does not necessarily mean they should retire to the locker room. They should consider whether an application for leave to proceed should be filed.

Where the defence consists of a cross-claim and the principal claim is not really in dispute, there may be grounds for the stay to be lifted, particularly where a judgment would not give the plaintiff priority or any other special advantage over other creditors. 

As is often the circumstance in law, each case is unique and will need to be considered separately. To find out more, get in touch with Claire Latham or Stephen Polczynski. 

Stephen Poczynski Managing Partner P: 02 9234 1501 E:

Claire Latham Senior Associate P: 02 9234 1503 E: 

Polczynski Lawyers

Level 12, 77 King Street

Sydney NSW 2001

Business News

Asia stocks slip as Deutsche sours mood, oil gains on OPEC pact
Thu, 29 Sep 2016 21:18:24 -0400
SINGAPORE (Reuters) - Asian stocks followed Wall Street lower in early trade on Friday, while oil pr...
U.S. economy less sluggish in second quarter; companies investing more
Thu, 29 Sep 2016 12:41:33 -0400
WASHINGTON (Reuters) - U.S. economic growth was less sluggish than previously thought in the second ...
If elected, Clinton under pressure to appoint tough Wall Street sheriffs
Thu, 29 Sep 2016 15:28:15 -0400
WASHINGTON (Reuters) - Democratic Party progressives intent on reining in Wall Street are pushing Hi...
Relief arrives for U.S. shale firms as OPEC folds in price battle
Thu, 29 Sep 2016 12:08:26 -0400
HOUSTON (Reuters) - It was a moment U.S. shale oil producers have been waiting on for more than two ...

Upcoming Events

See All Events