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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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...
Jun122012

In the matter of Rivercorp Pty Limited

A recent Supreme Court decision has made it clear that the ATO cannot hide behind its own internal policies as...
Apr272012

Identification Legislation Amendment Act 2011 – Schedule 2

The Identification Legislation Amendment Act 2011 inserts sections 34 and 35 into the Oaths Acts 1900 (the “Act”) to amend...
Apr272012

Provident Capital Ltd v Bortolin Papa (No 1) [2011] NSWSC 460

The recent New South Wales Supreme Court decision in Provident Capital Ltd v Bortolin Papa (No 1) should bring notice...
Apr102012

ABW Design Case: The strict approach to service by post on a company

In the recent case of Deputy Commissioner of Taxation, in the matter of ABW Design & Construction Pty Ltd v...
Apr032012

Larkden v Lloyd: Costs orders made after the appointment of an administrator are not provable debts

Another superior court decision has made clear that costs orders made after the appointment of an administrator are not provable...
Mar022012

Kassem and Secatore v Commissioner of Taxation [2012] FCA 152

In Kassem and Secatore v Commissioner of Taxation [2012] FCA 152, the Federal Court dealt, fairly brutally, with three arguments...
Feb292012

Gorst Rural Supplies Pty. Limited v. Glenroy (Lake Bolac) Pty. Limited [2012] VSC 60

The Victorian Supreme Court has recently determined that the appointment of an administrator the day before a winding up hearing...
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