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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Feb112020

Directors’ duties to shareholders – do they even exist?

A director of a company always owes fiduciary as well as statutory duties to a company. Could a situation ever...
Dec042019

Terminating off the plan contracts and bargain damages

In the judgment of Scott v Ennis-Oakes [2019] NSWSC 1257, the Supreme Court of New South Wales considered a claim...
Nov282019

Collateral securities: Limits on rights of subrogation

The Supreme Court of New South Wales recently considered a subrogation claim by a second mortgagee seeking to enforce securities...
Oct252019

The Importance of the Harman Undertaking

Supreme Court of New South Wales emphasises the importance of the Harman Undertaking, even in proceedings that are closely related.
Oct162019

What is a “Construction Contract” under the Security of Payment Act?

New definition of a “section 4 arrangement”? In the judgment of Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019]...
Oct092019

Selling assets in breach of trust: seeking declaratory relief

We recently wrote about issues arising from the amendment of a trust deed prior to an insolvency event, including the...
Oct042019

Recourse to security and “no injunction” clauses

Security under construction contracts Construction contracts in use in Australia often require security to be provided by the contractor for...
Oct032019

Ordering accounts in mortgagor-mortgagee relationships

In Rowe v National Australia Bank Limited [2019] WASCA 140 (Rowe) the Western Australian Court of Appeal recently delivered a...
Oct012019

Staying winding up orders: Can directors stop the clock?

In the recent decision of Deputy Commissioner of Taxation v NRA Engineering Pty. Ltd. (in liq) [2019] FCA 1567, Justice Anderson of...
Sep262019

“Attaching” judgment to a bankruptcy notice: lessons in semantics

In Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 the Full Court of the Federal Court of Australia...
Sep242019

Combustible cladding laws: a definitive guide

A useful guide to navigating the complex web of legislation governing combustible cladding (ACP) in New South Wales.
Sep192019

Progress on Phoenix Activity

A recent decision of the Federal Court of Australia, ACN 093 117 232 Pty Ltd (in liq) V Intelara Engineering...
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