A Supreme Court in Australia has dismissed an application by a UK company’s moratorium restructuring practitioners for recognition of a UK moratorium and ordered that the company be wound up under Australian law.
On 19 March 2021, the Federal Court handed down a decision that clarified the scope of section 21 of the Australian Consumer Law. The Court indicated that, while exploitation of some vulnerability or disadvantage will often be a feature of unconscionable conduct, it is not is not an essential element in establishing that a party has engaged in statutory unconscionable conduct.
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
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 of the lease, despite a history of late payment of rent.
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.