Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Oct092019
Selling assets in breach of trust: seeking declaratory relief
We recently wrote about issues arising from the amendment of a trust deed prior to an insolvency event, including the...
Oct042019
Recourse to security and “no injunction” clauses
Security under construction contracts Construction contracts in use in Australia often require security to be provided by the contractor for...
Oct032019
Ordering accounts in mortgagor-mortgagee relationships
In Rowe v National Australia Bank Limited [2019] WASCA 140 (Rowe) the Western Australian Court of Appeal recently delivered a...
Oct012019
Staying winding up orders: Can directors stop the clock?
In the recent decision of Deputy Commissioner of Taxation v NRA Engineering Pty. Ltd. (in liq) [2019] FCA 1567, Justice Anderson of...
Sep262019
“Attaching” judgment to a bankruptcy notice: lessons in semantics
In Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 the Full Court of the Federal Court of Australia...
Sep242019
Combustible cladding laws: a definitive guide
A useful guide to navigating the complex web of legislation governing combustible cladding (ACP) in New South Wales.
Sep192019
Progress on Phoenix Activity
A recent decision of the Federal Court of Australia, ACN 093 117 232 Pty Ltd (in liq) V Intelara Engineering...
Sep182019
Enforcement of statutory debt under section 15 of the SOP Act
Introduction This article discusses the judgments in disputes known as A-Tech Australia v Top Pacific Constructions Australia which illustrate how...
Sep112019
The devil in the detail of Payment Schedules under the Security of Payment legislation
The devil is in the detail – how detailed do Payment Schedules need to be under the Building and Construction...
Sep102019
Lawyers now more equal
A recent decision of The High Court of Australia in Bell Lawyers Pty Ltd V Pentelow [2019] HCA 29 has...
Sep052019
Amending trust deeds pre-liquidation – a cautionary tale
The continuing saga of insolvent trustees: amending instruments immediately before liquidation In the recent decision in Carrello, in the matter of...
Sep042019
When to elect to proceed to Adjudication or Court under the Security of Payment legislation?
A case note on Seymour Whyte Constructions v Ostwald Bros (in liq) [2019] NSWCA 11 The Robert Frost poem “The...
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