Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Nov112016
Some troublesome terms under the new unfair contracts regime
The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) (the Act) comes into effect on 12...
Oct242016
AFSA Releases September Quarter Personal Insolvency Statistics
On 14 October 2016 the Australia Financial Security Authority (ASFA) released its statistics relating to personal insolvencies during the September...
Oct242016
Electronic Signature Enforcement Exposure
The rise of the internet has been disruptive to many traditions, and the humble paper contract is no exception. Dozens...
Oct042016
Unfair Preferences: Is the debt unsecured?
In the recent Federal Court decision of Hussain v CSR Building Products Limited, in the matter of FPJ Group Pty Ltd (In Liq) [2016]...
Oct042016
Not just ticking the boxes: The Court’s inherent jurisdiction to review the issue of a 596A Summons
In the recent decision of Gleeson J in The matter of Kimberley Diamond Company Pty Ltd (in liq) [2016] FCA...
Oct032016
Following Fortress: extending limitation periods and obtaining shelf orders revisited
Pursuant to section 588FF(3) of the Corporations Act 2001 (Cth) (the Act), a liquidator has three years from the “relation back day” or...
Oct032016
PPSR: Fix your errors before it’s too late!
In the recent decision, In the matter of Accolade Wines Australia Limited [2016] NSWSC 1023 (Accolade Wines), the Supreme Court of...
Sep262016
Bankruptcy update: Going behind the judgment
In a recent decision of the Full Court of the Federal Court, it was determined that in bankruptcy proceedings, the...
Sep232016
Tips in Enforcing Assigned Debts
It is common for debts to be assigned by creditors for numerous reasons. Once a debt is assigned however it...
Sep212016
The costs of aggression
An administrator has recently paid a heavy price for the approach he (and his lawyers) took in Court proceedings. The...
Sep152016
Government funding for SMEs who run with the Gazelles
In a tight economic market, any lending advantage can assist in solvency and business growth. As part of the Baird...
Sep122016
Administration will not always save directors from a Guarantee
In the recent Supreme Court of New South Wales decision of Mizuho Bank Ltd v Ackroyd, the Court confirmed that...
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