Articles
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis.
News
Direct Duty to Creditors?
The Full Court of the Supreme Court of South Australia (the Court) recently handed down its...
Wiping the slate clean: Claims against a....
There are many consequences of bankruptcy for an individual. For example, a trustee is appointed...
That’s a wrap!
Thank you for your support in 2017. May your holiday season be all wrapped up with cheer and...
Santa, all court up at Christmas!
In 2002, a municipal criminal court in Ohio had to decide whether a man presenting an Ohio-issued...
Beware! Informal negotiations can create....
It is a widely held misconception that the term "contract" only refers to a fully executed...
Give me more time: extending the conveni....
The recent decision of Moshinsky J in Kaso, in the matter of Speedpanel Australia Ltd...
Bankruptcy Update, Take 2: Going behind....
Last year we outlined the decision of the Full Court of the Federal Court in Compton v Ramsay...
Caps Lock: Online Ticket scalpers to los....
The NSW Parliament has passed amendments to the Fair Trading Act 1987 (NSW) (FT Act) to outlaw...
Sue who? An insurer can now be sued dire....
On 1 June 2017 the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (Act) came...
Legal Professional Privilege
What is Legal Professional Privilege? Legal professional privilege (LPP) is a well-established...
Justice of the Lease: when should you re....
The practice of registering leases is not the same in all states and territories. For instance,...
Truss Issues: interpreting dispute resol....
The New South Wales Supreme Court of Appeal has affirmed long standing contract interpretation...
Plutus Payroll Fraud: Supreme Court cons....
Following on from our recent news article reporting on the appointment of provisional liquidators...
AFSA: Personal Insolvency Stats (2016–17....
On 26 September 2017 the Australian Financial Security Authority (AFSA) released its annual...
Banks not ‘a-loan’: APRA to....
July 2017 saw the Treasury Laws Amendment (Non-ADI Lender Rules) Bill 2017 (Draft Bill) being...
Bankruptcy and overseas debtors
You might think that a debtor moving overseas or relocating prevents you from serving the debtor...
Beware the costs of an appeal
The New South Wales Court of Appeal decision in Treloar Constructions Pty Ltd v McMillan [2016]...
Insolvency update: setting aside a deed....
In the decision of Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa...
Good Business Practice Guides
The Australian Competition and Consumer Commission (ACCC) together with Australian Securities and...
Take it to the bank: knowledge of fraud....
In Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971, the Supreme Court of NSW...
Special leave to distribute surplus in a....
In the recent decision In the matter of I & P Holdings Pty Limited (in liquidation) [2017]...
When will the Court appoint a Provisiona....
The appointment of a provisional liquidator is a drastic imposition into the affairs of a company...
Getting your ducks in a row: Application....
Practice Note SC Eq 11 It has been more than five years since the introduction by the Supreme...
Creditor’s right to a “risk....
In the recent case of Low v Barnet (Trustee) [2017] FCAFC 60, Ms Low, the wife of a bankrupt and...