It is common in commercial disputes for a party to argue that, because they have a set-off, they are not liable to pay the amount claimed. ...
It is common in commercial disputes for a party to argue that, because they have a set-off, they are not liable to pay the amount claimed.
The promoted team members include Mali Karunaratne from the litigation and dispute resolution practice, Michael Donnelly from the property team and Megan Pool from the workplace relations and safety practice.
The Court has considered whether a commercial tenant abandoned a lease by ceasing to trade due to COVID-19 and relocating its stock to a warehouse. It was decided the tenant had not abandoned the lease and it was ordered that the tenant was entitled to relief against the landlord’s termination
A 139ZQ notice issued by the Official Receiver is a powerful tool for trustees in bankruptcy seeking to recover a benefit received by a third party from an alleged void transaction. These include transactions such as an unfair preference, an undervalued transaction, or a transaction to defeat creditors.
Although there may be an anomaly concerning the signing of the guarantee, the alleged guarantor may still be liable. The outcome will depend on the circumstances.
Section 561 of the Corporations Act 2001 (Cth) provides that accrued employee entitlements must be paid in priority to the holder of a circulating security interest in a winding up.
Where a director purports to enter into a contract on behalf of a company without authority or contrary to the company constitution, disputes can arise as to the enforceability of the contract.
It is not uncommon for a repairer or the provider of storage facilities who is in possession of goods (a bailee) to be owed costs for work or storage services.
It is unresolved whether a creditor can rely upon a section 553C set-off under the Corporations Act 2001 (Cth) to reduce an unfair preference claim.
In a recent decision, a holding company of a group of companies was held to be the ‘true employer’, despite its subsidiary being documented as the ‘employer of record’.
A company in liquidation served a creditor’s statutory demand for debt where there was a genuine dispute about the existence of the alleged debt.
The Australian Government has announced temporary relief for businesses from statutory demands and liability for insolvent trading. Individuals will also be granted temporary relief in relation to bankruptcy notices.
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.