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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Mar052018

The Australian Financial Complaints Authority – accrual proposal? Or a one-stop shop that makes cents?

The Federal Government is on track to establish a new external dispute resolution framework aimed at empowering consumers and small...
Feb192018

Financial agreements: undue influence, unconscionable dealings and duress

On 8 November 2017, the High Court handed down its decision in Thorne v Kennedy [2017] HCA 49, providing clarity...
Feb192018

Be transparent or pay the price

In a recent decision  In the matter of Boss Engineering (NSW) Pty Limited [2017] NSWSC 1334 (Boss Engineering), Brereton J dealt with an application to set...
Feb192018

A foreign regime – winding up overseas companies

Foreign entities conducting business in Australia are an incredibly common feature of Australia’s modern corporate landscape. The growth in international...
Feb052018

Company assets: are you sure?

The recent Federal Court of Australia Cussen (Liq), in the matter of Zerren Pty Ltd (in liq) [2017] FCA 981...
Feb052018

Combatting Illegal Phoenixing

The Turnbull Government’s reform package released in September 2017, Combating Illegal Phoenixing, outlines a range of measures designed to identify,...
Feb022018

Yet another reminder to take care during settlement negotiations!

In the case of Buildum Construction Pty Ltd v Pile & Bucket Pty Ltd [2017] NSWSC 1260, the Supreme Court of New...
Jan222018

Possession Perfection: The appointment of a receiver and perfection by possession

Justice Markovic of the Federal Court of Australia in Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (in liquidation)...
Jan222018

Direct Duty to Creditors?

The Full Court of the Supreme Court of South Australia (the Court) recently handed down its judgment in the long...
Jan222018

Wiping the slate clean: Claims against a discharged bankrupt

There are many consequences of bankruptcy for an individual. For example, a trustee is appointed to the bankrupt’s estate (in...
Dec182017

Santa, all court up at Christmas!

In 2002, a municipal criminal court in Ohio had to decide whether a man presenting an Ohio-issued identification card bearing...
Dec152017

Beware! Informal negotiations can create binding agreements

It is a widely held misconception that the term “contract” only refers to a fully executed document containing detailed terms...
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