Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Feb222016
Negotiating contracts by email, are you bound before you think you are?
It is common practice to engage in pre-contractual negotiations via email, in doing so you run the risk that those...
Feb162016
Being driven mad: removing baseless PPSA registations
Lenders should carefully consider the effects of releasing security interests, as the recent case of Capital Finance Australia Limited v Elana Claire Clough...
Feb152016
Quantum of unfair preference recoveries reduced
The Queensland District Court in Morton & Anor v Rexel Electrical Supplies Pty Ltd [2015] QDC 49 (Morton) has expanded...
Feb152016
Vendors Beware! Who is responsible for the preparation of a Transfer?
In standard form Contracts for Sale and Purchase of Land in NSW (Contract), it is usually the case that the...
Feb152016
Potential postage pain pending
Australia Post has altered the terms of postal delivery. The time for delivery of regular post will take an extra...
Feb122016
Sorry I’m late: missing the deadline for calling a creditor’s meeting
When a debtor proposes a Personal Insolvency Agreement (PIA), the controlling trustee of the debtor’s property is required, under ss. 190...
Feb112016
Turbulent times for lessors as liquidators enjoy windy windfall
In a decision handed down today, the Supreme Court of New South Wales found that GE’s proprietary interest in assets worth in the...
Jan252016
Coming back from the brink | Supreme Court provides guidance on the evidence required to terminate a winding up
In two recent decisions of the Supreme Court of New South Wales, In the matter of Westside Sugar Cane Juicery...
Jan182016
Resolution Revolution: A useful way to assist the Court in determining an application to extend a convening period
It is a common misconception that the Corporations Act 2001 (Cth) operates so that only two resolutions may be put...
Jan142016
Privacy – Dangerous Territory
Warning Insolvency practitioners may be unwittingly exposing themselves and their colleagues to fines of up to $1,700,000. That got your...
Jan112016
High Court rules on Liquidators’ obligations to retain sale proceeds for anticipated capital gains tax assessments
In recent times, there has been much conjecture surrounding whether liquidators and receivers are obliged to retain monies received from...
Jan042016
SA Supreme Court provides helpful guidance on Liquidators’ Remuneration and the issue of Proportionality
In the recent decision of Macks & Anor v Maka & Anor [2015] SASC 200 (Macks) the Supreme Court of...
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