The franchising industry has waited with baited breath for the outcome of the High Court appeal in Master of Education Services Pty Limited v Ketchell. ...
The franchising industry has waited with baited breath for the outcome of the High Court appeal in Master of Education Services Pty Limited v Ketchell.
In Heesh v Baker [2008] NSWSC 711, the New South Wales Supreme Court considered whether the holders of redeemable preference shares could be “creditors” for the purposes of Part 5.3A of the Corporations Act 2001 (the Act).
The recent Queensland Supreme Court case of Underwood v Underwood [2008] QSC 159 was decided in July this year.
In Bahadori -v- Permanent Mortgages Pty Ltd (2008) NSWCA 150 (26 June 2008) the New South Wales Court of Appeal decided that a signed business purpose declaration was ineffective under section 11(2) of the Consumer Credit Code where the declaration was obtained after the credit contract was entered into.
This landmark decision has re-defined the law governing the standard of care owed by a learner driver to his/her supervising passenger in the context of a personal injury claim
In the recent decision of Essex & Essex (No 2) [2007] FamCA 639 the Family Court held that the significant assets of two testamentary trusts ought to be excluded from the matrimonial pool of assets available for division between the separated couple, on the grounds that the beneficiary spouse had
This very recent decision by Justice Byrne of the Supreme Court shows the Court is reluctant to place a restrictive interpretation on a party’s right to obtain further medical evidence after the signing of a Certificate of Readiness and convening of a Compulsory Conference.
Superannuation savings now comprise a major asset of many people, be they retirees or younger people saving for retirement, particularly if they hold life insurance in their superannuation fund.
Discretionary trust deeds are designed to provide clients with maximum flexibility and most modern deeds give the trustee wide powers of variation.
The Qld Supreme Court decision in Royalene Pty Ltd v Registrar of Titles & Ors (2008) QSC 64 (7 April 2008) involving a forged mortgage registered in 2004, appears to be a win for the registered mortgagee. The decision however must be viewed in light of subsequent amendments made to
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.
The High Court has determined that the Roads and Traffic Authority [RTA] was not to blame for a motor vehicle accident at a known “black spot” as the drivers themselves were at fault.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.