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
News
The importance of serving an Adjudicatio....
The hard work of preparing an adjudication application does not end once you lodge it with an...
But he lied to me!
In Cribb v Kingsbury [2020] FCA 551, a decision of the Federal Court of Australia, the Court...
Freezing cryptocurrency: practical consi....
In Australian Securities and Investments Commission v A One Multi Services Pty Ltd [2021] FCA...
What is proper service under the Securit....
Payment claims are an important tool available under the Building and Construction Industry...
‘Naming and shaming’ – NSW Court of Appe....
The recent case of Bingo Holdings Pty Ltd v GC Group Company Pty Ltd [2021] NSWCA 184 (Bingo...
Judgment creditors and the appointment o....
In the matter of Sirrah Pty Limited (In Liquidation) [2021] NSWSC 1274, the Supreme Court of New...
Cancellation of Certificates of Title....
Effective from Monday 11 October 2021, all Certificates of Title (CT) in NSW are abolished – CTs...
Case note: In the Matter of Antqip Hire....
On 8 September 2021, Brereton JA, in In the Matter of Antqip Hire Pty Ltd [2021] NSWSC 1122,...
Bankruptcy trustee sets aside s79 final....
Justice Loughnan ordered Mrs Hicks to pay the trustee $638,217 despite finding Mrs Hicks not to be responsible for it, holding rather that ‘it is not possible to identify a just and equitable settlement of property between the husband and the wife but in my view a conservative exercise of discretion would allow to the husband sufficient property settlement to discharge the bankruptcy debts’.
Liabilities are not assignable
Liabilities may not be assigned, although they may be novated or limit assigned rights. Attempts to transfer liabilities to phoenix companies may thus be void.
How to deal with disputes against a mili....
Disputes with Local Councils (Local Government Authorities) are a part of business for many...
Challenging adjudication determinations....
Setting aside an adjudication determination Since 1999, the Supreme Court and Court of Appeal in...
Offers of Compromise – shutting the door....
In the recent decision of Parke v Rubenstein [2020] FCA 1466, the Federal Court of Australia...
Failure to Join Necessary Parties Fatal....
Background We recently wrote about the decision of MIR Holdings Pty Ltd & Anor v Marina Square...
Why use a construction lawyer to negotia....
During contract negotiation, it is common for builders, owners and subcontractors to...
The “examinable affairs” of....
The Corporations Act 2001 (Cth) (Act) enables, among others, insolvency practitioners to apply to...
The worst kept secret to quickly recover....
What is the Security of Payment Act? How to recover debt for builders? In 1999, the NSW...
COVID-19 Leasing Regulations: No protect....
In the recent decision of MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020]...
Abuse of process and the Security of Pay....
Reminder: "Pay now, fight later!" The right to be paid under the Security of Payment Act is...
Entered into an agreement with a deregis....
If you have been unfortunate enough to enter into an agreement with a company that was...
Search warrants under the Corporations A....
In the decision of Bailey, in the matter of Australian Recruiting Group Pty Ltd (in liq) v Young...
When prior representations become bindin....
The law recognises many situations where a representation made by one party to another will become...
Going it alone: the role of the court in....
Problems often arise in cases where parties choose to act for themselves or are unable to use...
PPS Serial Numbered Collateral – Part 5:....
The final part of the PPS Serial Numbered Collateral Series concerns the situation where a...