Intelligence

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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Aug172017

Foreign Affairs: When Bankrupts have assets overseas

In the recent decision of Talacko v Bennett [2017] HCA 15, the High Court considered whether a judgment creditor of...
Aug162017

Secured Creditors and Bankruptcy: Can you enforce without leave of the Court?

In the recent decision of Morris Finance Ltd v Brown [2017] FCAFC 97, the Full Court of the Federal Court...
Aug072017

Taking a cautious approach when dealing with trust assets

Liquidators of corporate trustees are continually faced with the conundrum – what powers do I have to deal with trust...
Aug072017

SOPA Update: Electronic Service Changes

Contractors beware, the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 recently received Assent by the New South Wales Parliament,...
Aug042017

Competing assignments in the context of the Contractors Debt Act

The time of service of a notice of claim on a principal under the Contractors Debts Act 1997 (NSW) (CD...
Aug032017

Chief Operating Officer liable for Misleading and Deceptive Conduct by False Statutory Declaration

Contractors beware! In 470 St Kilda Road Pty Ltd v Robinson [2017] FCA 597 (470 St Kilda Road), the Court found...
Jul202017

Mediating Franchising Disputes Without Breaking the Bank

Did you know that there is a Mediation Advisor for disputes relating to the Franchising Code? The Office of the...
Jul202017

Liquidator Renewal Shenanigans

Amendments to the Corporations Act 2001 (Act) which came into effect on 1 March 2017 impose on liquidators an obligation...
Jul202017

Technology in Civil Litigation: Reducing time and costs

On 30 January 2017, the Supreme Court of Victoria introduced a new Practice Note “Guidelines for the Use of Technology”....
Jun192017

ATO Focus Remains on Pre-Insolvency Industry

In a recent press release, the ATO has confirmed its officers have been continuing their work to stamp out illegal...
Jun192017

Resisting a winding up application by a substituted creditor

In the recent decision of 640 The Esplanade Pty Ltd v Splash Bay Pty Ltd (No 2) [2017] FCA 89...
May292017

AFSA Releases Personal Insolvency Statistics

The Australian Financial Security Authority (AFSA) recently released its statistics for the March 2017 quarter generally recording a rise in...
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