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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Oct302012

New regime tightens tax compliance

Company directors are now personally liable for both unpaid Pay As You Go (PAYG) obligations together with unpaid Superannuation Guarantee...
Oct122012

SP61288 v Brookfield: Developer owes no duty of care to Owners Corporation for defect rectification

In Owners Corporation Strata Plan 61288 v Brookfield Multiplex [2012] NSWSC 1219 the Supreme Court has limited the ability of...
Oct032012

The costs of unnecessary court applications

The Federal Court has recently issued a stark warning about the need for insolvency practitioners to do their homework, thoroughly,...
Sep072012

The ATO trumps a mortgagee – or does it..?

Many of you will be familiar with the decision in Tang & Anor v. Bassili & Ors [2011] FMCA 544,...
Sep042012

Deputy Commissioner of Taxation v Zammitt

On Friday, the District Court of New South Wales handed down a decision with potential relevance to any director penalty...
Sep012012

Equititrust Limited v Willaire introduces uncertainty into when a winding-up application may be filed

A Queensland Supreme Court decision has introduced uncertainty over whether winding-up proceedings brought against a company on the basis that...
Aug292012

How to avoid a catastrophe for $7.40 – practical advice about one ramification of the PPSA

A stitch in time… A $7.40 outlay, and ten minutes filling in a online form, can save your clients ten...
Aug172012

Tasmanian tiger cited in Federal Magistrates Court!

In the recent case of Vitek v Taheri & Ors [2012] FMCA 536, Federal Magistrate Raphael observed that a Summons...
Aug052012

The costs of being improperly retained

Recent decisions such as Amir Ashrafinia v Mohammad Reza Ashrafinia [2012] NSWSC 500 (“Ashrafinia”) and Cranes ‘R’ Us Pty Ltd...
Jul312012

Builders owe no duty of care to owners in residential building

Home owners, including Owners Corporations of strata plans have seen a steady erosion of rights surrounding residential defects over the...
Jun152012

Preconditions for a payment claim ruled void by Queensland Court of Appeal

The Security for Payment Acts (‘SOPA‘) give contractors a statutory right to follow a process which aims to secure quick...
Jun142012

Fraudulent Home Warranty Certificates

A builder has recently been ordered to perform community service, ordered to pay costs and placed on a 12 month...
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