Articles

Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis

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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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