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
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...
Comply or else! Breach of search orders....
In the recent decision of Sun v He [2020] NSWSC 802, Ward Cj in Equity examined the circumstances...
PPS Serial Numbered Collateral Series –....
In the fourth instalment of our PPSR collateral series we look at registering security interests...
Priority maintained: Administration expe....
In a recent case, Ford (Administrator), in the matter of The PAS Group Limited (Administrators...
Reliance on property title searches and....
The recent decision in Hutson v Roufeil [2020] NSWSC 864 is a timely reminder of the exceptions to...
New law on building residential apartmen....
Overview Who should read this paper? Developers and builders who will commence or complete the...
PPS Serial Numbered Collateral Series –....
Aircraft is a type of serial numbered collateral which includes a specified type of machine or...
All you need to know about the 1 July 20....
The Australian Building Codes Board introduced an out of cycle amendment to the National...
Reference dates for payment claims invol....
Are draft claim regimes void in NSW? It is not uncommon for a contract to set out a regime for...