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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Nov282016

Dealing with it. NSW Priority Notice Regime Gives Early Warning of Pending Dealings

One of the most recent changes to conveyancing practice in NSW has been the introduction of priority notices in electronic...
Nov182016

But the accountant said we are solvent?

In the case of Universal Consultants Group Pty Ltd [2016] NSWSC 1508, an order was sought that Universal Consultants Group Pty...
Nov162016

Cross-border Insolvency Act and the Model Law

In the recent case of Gladstone (Trustee) v Digrigoli (No 2) [2016] FCA 1220 the Court was asked to consider...
Nov152016

For Whom the Bell Tolls

In Bell Group N.V (in liquidation) v Western Australia [2016] HCA 21, the High Court held that the Bell Group...
Nov122016

ASIC puts the microscope on contractors

Since 2014, ASIC’s surveillance program aimed at eradicating illegal phoenix activity has been broadened to focus on the use of...
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...
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