Commencement of Proceedings by Strata Co....

Apr 15, 2015

The New South Wales Supreme Court recently handed down its decisions in 2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 [2014] NSWCA 409 (‘2 Elizabeth Bay’) and The Owners – Strata Plan No 70798 v Bakkante Constructions Pty Ltd [2014] NSWCA 410...

Enforcing an accepted offer of compromis....

Apr 14, 2015

The Federal Court judgment in Linke v TT Builders Pty Ltd [2015] FCA 11 serves as a useful reminder of parties’ obligations to carry out the terms of a settlement expeditiously, and the circumstances in which the court will make orders giving effect to an...

Imputed trust? High Court allows appeal....

Mar 30, 2015

In Korda v Australian Executor Trustees (SA) Ltd [2015] HCA 6, the High Court unanimously allowed an appeal and overturned the Victorian Supreme Court of Appeal decision finding that it was not the joint intention of the parties to a forestry investment scheme...

The Master’s waste of time – remuneratio....

Mar 24, 2015

Many readers will be aware of the controversial Supreme Court decision in AAA Financial (No. 2), which gained the profession’s attention as a result of the court’s adverse comments about time-based charging by insolvency practitioners. AAA was followed soon after by...

Statutory demand for part of debt

Mar 23, 2015

A new decision has clarified creditors’ rights where part of a debt is disputed. As is common knowledge, if a debt claimed in a statutory demand is disputed the Court may set aside the statutory demand. The threshold for establishing that the debt is disputed is...