The Bell Group Case: Issues from the High Court
Curtin Law School proudly invites you to the third event of our Eminent Speaker Series.
Event details
A panel discussion and questions with Paul Evans, State Solicitor and Steven Penglis, Barrister about the prominent Bell Group case, both of whom had starring roles in the litigation.
- Date
- Monday 29 August 2016
- Time
- 5 pm – 7.30 pm
- Venue
- Curtin Law School, Room 201, 57 Murray Street, Perth 6000
Agenda
- 5pm registration
- 5.30pm – 6.30pm panel discussion
- 6.30pm – 7.30pm refreshments
About the Topic
The Bell Group matter heard recently in the High Court of Australia was unusual because constitutional law questions were paramount in an essentially commercial dispute. The case arose after the State of Western Australia passed legislation to provide a statutory mechanism to resolve disputes between creditors of the Bell Group of Companies as to how the proceeds of the longstanding Bell litigation should be divided between them. The creditors and Liquidator had pursued litigation in the Supreme Court of Western Australia when the Western Australian parliament legislated to bring the litigation to a halt – unsuccessfully as it turned out. The issues before the High Court included whether there was an inconsistency between the State legislation and Commonwealth legislation.
Based on their “war stories” of the Bell Case, Paul and Steven in an interactive session, will discuss the appeal as a case study, where State legislation is challenged in the High Court’s original jurisdiction. Issues to be explored include those between the liquidator and the creditors, the invocation of the High Court’s original jurisdiction, the three issues that were before the High Court and the disposition of the case in the judgement.
