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Recent amendments to the Commonwealth’s taxation legislation have significantly changed the regime relating to the ATO’s power to issue director penalty notices (DPN) to a director of a company.
The previous...
07 July 2010
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Categorised In: Litigation & Dispute Resolution, Revenue, Tax & Superannuation
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In Noonan v MacLennan & Anor [2010] QCA 50 the Queensland Court of Appeal prevented defamation litigation from continuing because of a failure to comply with the strict time limits imposed by the Limitations...
31 March 2010
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Categorised In: Litigation & Dispute Resolution
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A recent decision from the New South Wales Court of Appeal highlights the complications that can come with giving money to family members on conditions without proper safeguards.
In Chong -v- Wu [2010] NSWCA 10, handed...
30 March 2010
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Categorised In: Litigation & Dispute Resolution
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Traditionally, non-profit organisations that promote the change of government law or policy have struggled to qualify for charitable tax concessions. That may be set to change with the High Court of Australia...
18 March 2010
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Categorised In: Litigation & Dispute Resolution, Not for Profit, Revenue, Tax & Superannuation
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The New South Wales Supreme Court recently handed down a controversial decision which highlights the importance of keeping registered office details up to date and ensuring legal notices are brought to the attention of...
12 March 2010
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Categorised In: Insolvency, Reconstruction & Debt Recovery, Litigation & Dispute Resolution
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The recent Supreme Court of Queensland case of National Vegetation Management Solutions Pty Ltd -v- Shekar Plant Hire Pty Ltd [2010] QSC 3 highlights the need to be cautious when dealing with payment claims under the...
11 March 2010
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Categorised In: Building & Construction, Litigation & Dispute Resolution
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The recent case of Martinek Holdings Pty Ltd -v- Reed Construction (Qld) Pty Ltd [2009] QSC 328 confirms that a Superintendent’s certificate does not automatically override an adjudicator’s decision under...
11 March 2010
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Categorised In: Building & Construction, Litigation & Dispute Resolution
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On 26 February 2010 the Supreme Court of Queensland handed down a decision which illustrates the importance of carefully drafting special conditions in property contracts.
The case of Gilson v Flamingo Enterprises Pty...
02 March 2010
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Categorised In: Litigation & Dispute Resolution
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A great number of complex legal disputes involving a variety of industries are determined in Queensland tribunals these days. Often the rules do not allow parties to have legal representation as a matter of right and...
07 July 2009
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Categorised In: Litigation & Dispute Resolution
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In the recent decision of Sopov & Anor -v- Kane Constructions Pty Ltd (No. 2) [2009] VSCA 141 (15 June 2009) the Victorian Court of Appeal considered the entitlement of a builder to make a claim outside of a...
23 June 2009
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Categorised In: Litigation & Dispute Resolution
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In the recent Federal Court case of Gardena (Australia) Pty Ltd v Nylex Corporation Pty Ltd [2008] FCA 1846 two iconic companies in the Australian garden and irrigation products market became embroiled in a turf war...
11 June 2009
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Categorised In: Litigation & Dispute Resolution
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The High Court of Australia recently held in Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 that a tenant who conducted unauthorised alterations to the foyer of a commercial building was liable to...
11 March 2009
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Categorised In: Litigation & Dispute Resolution
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In the current economic environment there has been an increase in legal disputes where one party seeks to avoid being bound under a preliminary agreement and the other party seeks to enforce the preliminary agreement as...
17 February 2009
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Categorised In: Litigation & Dispute Resolution
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Trade suppliers, commercial credit providers and parties to commercial transactions commonly include what is referred to as a ‘charging clause’ in their terms of trade, contractual agreements and guarantee...
01 December 2008
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Categorised In: Litigation & Dispute Resolution
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In commercial communications business people will often use the phrase ”without prejudice” to try to keep information from being used against them in court proceedings.
A common misconception
Merely using...
12 June 2008
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Categorised In: Litigation & Dispute Resolution