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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Apr042018

PPSA – the 20 business day rule: when will the court grant an extension of time to register?

In the matter of David Brown Gear Industries Pty Ltd [2017] NSWSC 907, the Plaintiff sought orders pursuant to section...
Mar192018

Voidable transactions – the one who got delay

The Supreme Court of Queensland recently considered an application under section 588FF(3)(b) of the Corporations Act 2001 (Cth) (Act) in...
Mar192018

Service by post – but I didn’t receive that letter?

The recent decision of Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) (No 2) [2018] FCA 87 considered...
Mar192018

PPSA Financial Property: the sub-classifications explained

The Personal Property Securities Act 2009 (Cth.) (PPSA) applies to security interests in personal property (i.e. motor vehicles, plant and equipment...
Mar052018

Would the real Applicant please wind-up! – Standing under s 459P of the Corporations Act

In the decision of In the matter of IR Services (Qld) Pty Limited [2017] NSWSC 1823, Black J considered who could apply...
Mar052018

The Australian Financial Complaints Authority – accrual proposal? Or a one-stop shop that makes cents?

The Federal Government is on track to establish a new external dispute resolution framework aimed at empowering consumers and small...
Feb192018

Financial agreements: undue influence, unconscionable dealings and duress

On 8 November 2017, the High Court handed down its decision in Thorne v Kennedy [2017] HCA 49, providing clarity...
Feb192018

Be transparent or pay the price

In a recent decision  In the matter of Boss Engineering (NSW) Pty Limited [2017] NSWSC 1334 (Boss Engineering), Brereton J dealt with an application to set...
Feb192018

A foreign regime – winding up overseas companies

Foreign entities conducting business in Australia are an incredibly common feature of Australia’s modern corporate landscape. The growth in international...
Feb052018

Company assets: are you sure?

The recent Federal Court of Australia Cussen (Liq), in the matter of Zerren Pty Ltd (in liq) [2017] FCA 981...
Feb052018

Combatting Illegal Phoenixing

The Turnbull Government’s reform package released in September 2017, Combating Illegal Phoenixing, outlines a range of measures designed to identify,...
Feb022018

Yet another reminder to take care during settlement negotiations!

In the case of Buildum Construction Pty Ltd v Pile & Bucket Pty Ltd [2017] NSWSC 1260, the Supreme Court of New...
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