Dealing with it in Victoria too! Introdu....

Jan 27, 2017

In November of 2016 we reported on the introduction of Priority Notices in New South Wales. On 9 December 2016, Priority Notices were also introduced in Victoria. A priority notice is a notification of an intended dealing with land. The notice is lodged with the...

The danger of a small deposit

Jan 23, 2017

It is the norm in New South Wales for a deposit of 10% to be paid on exchange of a contract for the sale of land. It is sometimes the case – and given rising property prices, increasingly the case – that a smaller deposit of 5% is paid. When that happens the contract...

Demolishing tenants’ repair obliga....

Jan 17, 2017

Tenants should make sure they aren’t caught out having to carry out or make payment in lieu for make good and repairs of premises if the tenant has the benefit of section 133A of the Conveyancing Act 1919 (NSW), which applies to all commercial leases in New South...

Liquidators’ Late Amendment Upheld....

Jan 9, 2017

The decision of the New South Wales Court of Appeal in Sydney Recycling Park Pty Ltd v Cardinal Group Pty Ltd (in liq) [2016] NSWCA 329 will be warmly received by liquidators. The case confirms a liquidator’s ability, in certain circumstances, to amend a claim...

Why do companies fail?

Jan 9, 2017

On 24 November 2016, the Reserve Bank of Australia (RBA) released a Research Discussion Paper titled Why Do Companies Fail? Interestingly, the RBA found that the threat of insolvent trading (under the current insolvency law regime) may encourage company directors to...