Articles
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Sep092021
Case note: In the Matter of Antqip Hire Pty Ltd (in liq)
On 8 September 2021, Brereton JA, in In the Matter of Antqip Hire Pty Ltd [2021] NSWSC 1122, clarified that...
Mar172021
Bankruptcy trustee sets aside s79 final property orders
Justice Loughnan ordered Mrs Hicks to pay the trustee $638,217 despite finding Mrs Hicks not to be responsible for it,...
Mar172021
Liabilities are not assignable
Liabilities may not be assigned, although they may be novated or limit assigned rights. Attempts to transfer liabilities to phoenix...
Dec162020
Challenging adjudication determinations in Court – when is an error a “jurisdictional error”?
Setting aside an adjudication determination Since 1999, the Supreme Court and Court of Appeal in New South Wales have gradually...
Dec102020
Offers of Compromise – shutting the door on common law principles of offer and acceptance
In the recent decision of Parke v Rubenstein [2020] FCA 1466, the Federal Court of Australia considered the relationship between...
Nov202020
The “examinable affairs” of a company and disclosure obligations for liquidators
The Corporations Act 2001 (Cth) (Act) enables, among others, insolvency practitioners to apply to the Court for the issuing of...
Oct302020
Entered into an agreement with a deregistered company? Is it game over?
If you have been unfortunate enough to enter into an agreement with a company that was deregistered at that time,...
Oct202020
Search warrants under the Corporations Act: another tool in a liquidator’s arsenal
In the decision of Bailey, in the matter of Australian Recruiting Group Pty Ltd (in liq) v Young [2020] FCA...
Sep212020
When prior representations become binding obligations
The law recognises many situations where a representation made by one party to another will become legally binding. In the...
Sep152020
Going it alone: the role of the court in assisting self-represented litigants
Problems often arise in cases where parties choose to act for themselves or are unable to use lawyers to represent...
Aug262020
PPS Serial Numbered Collateral – Part 5: Taking collateral free from security
The final part of the PPS Serial Numbered Collateral Series concerns the situation where a prospective buyer or lessee conducts...
Aug182020
Comply or else! Breach of search orders and contempt
In the recent decision of Sun v He [2020] NSWSC 802, Ward Cj in Equity examined the circumstances in which...
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