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Question: civil procedure in western australia lt in november 2013 the...

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Civil Procedure in WESTERN AUSTRALIA <----- 

In November 2013, the family law partner at your firm resolved bitterly contested Family Court proceedings for Daryl Metcalf. The resolution included payment of a significant lump sum to Katrina Harrington-Smith (formerly Metcalf) by the Metcalf Group of Companies (“MGC”), a property and construction conglomerate built up by Daryl over the previous 25 years
 
During the dispute, Katrina’s lawyers had engaged a forensic accountant to dispute some of Daryl’s assertions that included that MGC was close to insolvency. The profitability of the group and cash available to Daryl was relevant to the final settlement sum. In fact, the settlement was only negotiated on the day the trial. Katrina transferred her shareholdings in the various group companies to Daryl in exchange for a cash payment and indemnities.

Yue Hwa (Property) Pte Ltd (“YHP”), a Singapore-based investment trust, entered into an Agreement to acquire a majority interest in the Metcalf Group of Companies in December 2019. After undertaking a due diligence, YHP’s accountants reported misgivings to YHP about the true financial position of MGC and the adequacy and accuracy of its accounts, declining to complete the acquisition.
 
MGC has instituted proceedings against YHP in the Supreme Court of WA seeking, inter alia, orders for specific performance. YHP has engaged you and your firm to act on its behalf to defend the claim. 
 
Can you accept the instructions? In answering this question, identify the legislative or other materials that may be relevant and assume that you are an Australian lawyer holding a current Practising Certificate.
 
 In order to answer this question please utilize the following:

  • Legal Profession Act 2008 
  • Legal Profession Conduct Rules 2010
  •  Rules of the Supreme Court 1971
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