Case Studies
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Nov172021
Freezing cryptocurrency: practical considerations for the new asset class
In Australian Securities and Investments Commission v A One Multi Services Pty Ltd [2021] FCA 1297, the Federal Court of...
Nov032021
‘Naming and shaming’ – NSW Court of Appeal requires proper identification of concurrent wrongdoers
The recent case of Bingo Holdings Pty Ltd v GC Group Company Pty Ltd [2021] NSWCA 184 (Bingo Holdings) has...
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...
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...
Jul282020
Reliance on property title searches and claims by unregistered third parties
The recent decision in Hutson v Roufeil [2020] NSWSC 864 is a timely reminder of the exceptions to the principle of...
Apr202020
Court paves way for pre-emptive injunction applications BEFORE adjudication applications are lodged
On 17 April 2020, the Supreme Court delivered judgment in Grocon (Belgrave St) Developer v Construction Profile [2020] NSWSC 409. ...
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...
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]...
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...
Sep182019
Enforcement of statutory debt under section 15 of the SOP Act
Introduction This article discusses the judgments in disputes known as A-Tech Australia v Top Pacific Constructions Australia which illustrate how...
Aug272019
Winding up applications and related party creditors
When one creditor is more equal than the other: winding up applications and related party creditors In the recent decision In...
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