A party who has obtained judgment by enforcing an adjudication determination under the Construction Contracts Act 2004 (WA) is a creditor with standing to bring a winding up application under s 459P of the Corporations Act, notwithstanding the provisional nature of the determination. Following ASIC v Lanepoint Enterprises, the existence of a disputed debt does not make a winding up application an abuse of process where the presumption of insolvency under s 459C operates. A recording of a private conversation made in breach of the Surveillance Devices Act 1998 (WA) may nevertheless be admitted in civil proceedings in the court's discretion, particularly where the Act itself permits publication in legal proceedings and the recording was made by a private party rather than law enforcement.
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