Liabilities are not assignable

Mar 17, 2021

Liabilities may not be assigned, although they may be novated or limit assigned rights. Section 12 of the Conveyancing Act 1919 (NSW)   Conveyancing Act 1919 (NSW) section 12 provides that: Any absolute assignment by writing under the hand of the assignor (not...

The “examinable affairs” of....

Nov 20, 2020

The Corporations Act 2001 (Cth) (Act) enables, among others, insolvency practitioners to apply to the Court for the issuing of a summons compelling a person to attend court to be examined on oath about the “examinable affairs” of the relevant company, as...

Search warrants under the Corporations A....

Oct 20, 2020

In the decision of Bailey, in the matter of Australian Recruiting Group Pty Ltd (in liq) v Young [2020] FCA 1473, the Federal Court of Australia made orders for the issuing of search warrants on the ex parte application of the company’s liquidator pursuant to...

When prior representations become bindin....

Sep 21, 2020

The law recognises many situations where a representation made by one party to another will become legally binding. In the context of lending, it is important for mortgagees to understand that statements they make to a borrower can result in binding obligations,...

Going it alone: the role of the court in....

Sep 15, 2020

Problems often arise in cases where parties choose to act for themselves or are unable to use lawyers to represent them, meaning the Court will not have the benefit of legally trained advocates appearing before it. The recent decision of Flightdeck Geelong Pty Ltd v...