To issue or not to issue – dilemma....

Mar 9, 2016

The Supreme Court of NSW has reiterated the potential problems that may arise where a statutory demand is issued by a creditor for enforcement of an adjudication certificate under the Building and Construction Industry Security of Payment Act 1999 (NSW) in the case of...

Safe as houses? Dealing with a deposit i....

Mar 7, 2016

The recent decision of Majet & Anor v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall & Anor considered the impact of a trustee-in-bankruptcy’s disclaimer of a contract for the sale of land on the rights, interests and liabilities of...

Negotiating contracts by email, are you....

Feb 22, 2016

It is common practice to engage in pre-contractual negotiations via email, in doing so you run the risk that those emails are considered evidence of a valid and binding contract and a court may compel performance of the contract, even where parts of the agreement are...

Being driven mad: removing baseless PPSA....

Feb 16, 2016

Lenders should carefully consider the effects of releasing security interests, as the recent case of Capital Finance Australia Limited v Elana Claire Clough [2015] NSWSC 1327  demonstrates. Capital Finance Australia Limited (Capital) entered into a...

Quantum of unfair preference recoveries....

Feb 15, 2016

The Queensland District Court in Morton & Anor v Rexel Electrical Supplies Pty Ltd [2015] QDC 49 (Morton) has expanded the set off provisions found in section 553C of the Corporations Act 2001 (Cth) (the Act). It may now be possible for a creditor to set off any...