Articles
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Feb032015
Costs proportionality and conducting litigation
The recent South Australian Supreme Court decision in Viscariello v Macks provides a reminder to practitioners and their professional advisors...
Feb032015
Is ‘Acting Reasonably’ a Sweet Contract Term?
Many agreements require the parties to ‘act reasonably’. The courts have not, however, had the opportunity to directly consider what this...
Jan292015
A very expensive typo
The UK High Court has recently awarded 9 million pounds against the UK Companies Office (the UK equivalent of ASIC)...
Jan222015
Tax office garnishees – a new twist
Most readers will be familiar with the power of the Deputy Commissioner of Taxation to issue a notice under section...
Jan152015
Amendments to Home Building Act now in force
From today amendments to the Home Building Act come into force, including: Only ‘major defects’ will carry a 6 year...
Jan122015
Unwinding a Winding Up Order
What happens when a company does not attend its winding up hearing? In the majority of cases, the company obviously...
Jan082015
Official Trustee Unable to Set Aside Financial Agreement
In Official Trustee in Bankruptcy & Galanis and Anor [2014] FamCA 832 the Family Court of Australia held that the Official...
Jan072015
Murray Inquiry: External Administration ‘Working Well’
The Financial System Inquiry 2014 (the Murray Inquiry) recently released its Final Report. The Final Report recognised the impact which...
Dec082014
Action on Insolvent Trading
According to recently published statistics over 5,400 directors were reported to ASIC in the 2013/14 financial year on the grounds...
Dec012014
Corporate insolvencies continue to rise
ASIC Corporate Insolvency Statistics for the September quarter of 2014 show that 2,469 companies entered external administration in this quarter. ...
Nov252014
PPSA Tip #6: 20 Business Days
It is critical that any security interest is immediately registered on the Personal Property Securities Register (PPSR) and at the...
Nov242014
PPSA Tip #5: Holding Company -v- Operating Company
Corporate groups are often structured with one company holding all of the assets, with a separate company operating the business. ...
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