Commercial leases ordinarily provide for rent to be reviewed at particular intervals throughout a lease term, such as when an option to renew the lease for a further term is ...
It is possible for a trustee in bankruptcy to make a claim to property held by a bankrupt on trust. For example, by lodging a caveat over a home that ...
Commercial leases ordinarily provide for rent to be reviewed at particular intervals throughout a lease term, such as when an option to renew the lease for a further term is exercised.
Before commencing court proceedings, a claimant will need to ascertain the identity of the person to sue and whether they have a claim against them.
It is possible for a trustee in bankruptcy to make a claim to property held by a bankrupt on trust. For example, by lodging a caveat over a home that is held on trust. A trustee in bankruptcy may be able to make a claim, relying on the bankrupt’s right
The presumption of advancement is commonly used as a means of protecting the family home against creditors.
The Environmental Protection Act 1994 (Qld) (EPA) imposes duties to prevent environmental harm. There are significant liabilities for contravention.
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.
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.