In the recent case of Commonwealth Bank of Australia v Doggett the Supreme Court of Victoria held that certain provisions of the Code of Banking Practice (Code) applied to the ...
In the recent case of Commonwealth Bank of Australia v Doggett the Supreme Court of Victoria held that certain provisions of the Code of Banking Practice (Code) applied to the guarantors. The Code applies to individuals and to small businesses as defined in the Code.
When a debtor owes money to a creditor, it is not uncommon for the debtor to propose that the creditor be paid from the proceeds of a sale or other transaction where the debtor is to receive a payment.
In Parry v Kennedy & Anor [2014] QCA 239, the Queensland Court of Appeal has upheld a decision by the Supreme Court of Queensland to reject a solicitor’s request for reimbursement of substantial loss and expense incurred in complying with a subpoena requiring him to give evidence at trial.
In the recent case of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36, the High Court of Australia unanimously held that a builder, Brookfield Multiplex, that constructed a strata title apartment complex did not owe a duty of care.
In York Civil Pty Ltd v Coleman Rail Pty Ltd [2014] SASC 122 a joint venture agreement had come to an end. The parties were in dispute regarding their respective liabilities to contribute to the losses of the joint venture.
Implications for bailment, consignment and retention of title creditors with a PMSI. In Re Arcabi Pty Ltd (Receivers & Managers Appointed) (in liq) [2014] WASC 310 a receiver who had been appointed by a bank under its security interest carried out extensive enquiries to ascertain whether goods held by the
A decision of the Victorian Court of Appeal in Vasudevan v Becon Constructions (Australia) Pty Ltd [2014] VSCA 14 has the potential to significantly broaden the power of a liquidator to attack a company transaction under section 588FDA of the Corporations Act 2001 (Act) where there are ‘indirect benefits’ to
On 10 September 2014, the High Court of Australia delivered its decision in Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33, dismissing an appeal against the decision of the Western Australian Court of Appeal, overturning the decision in Johnson v Triple C Furniture & Electrical [2010] QCA 282 and
Whether your foreign judgment can be enforced in Australia will depend on the type of judgment and the country where the judgment is obtained. The Foreign Judgments Act 1991 (Cth) (FJA) enables foreign judgments from prescribed courts in specified countries to be registered under the FJA in Australia.
The ATO has many enforcement measures it can use for the collection of tax-related liabilities from a company. These include director penalty notices, garnishee notices and freezing orders. When a taxpayer has defaulted on a lodgement obligation, the ATO can make an assessment of the overdue obligation.
The recent Queensland Court of Appeal decision of Michail v Australian Alliance Insurance Company Ltd [2014] QCA 138 reinforces that clear and consistent underwriting guidelines are essential for all insurance agencies.
Deficient advertising is not saved by the information memorandum. In a recent case involving a rural property in Queensland, the mortgagee failed to comply with its duty to take reasonable steps to obtain market value because the mortgagee’s advertising did not adequately refer to the water rights relating to the
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.