In a recent case in the District Court of Queensland, a lender failed to prove it had served default notices. The lender was unsuccessful in obtaining summary judgment for the ...
In a recent case in the District Court of Queensland, a lender failed to prove it had served default notices. The lender was unsuccessful in obtaining summary judgment for the loan debt and possession of the mortgaged property.
The High Court’s recent decision in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28 has confirmed a bankruptcy court can exercise a discretion to go behind the judgment debt where sufficient reason is shown for questioning whether there is a debt due to the petitioning creditor.
In the recent decision of Lane (Trustee), in the matter of Lee (Bankrupt) v Deputy Commissioner of Taxation [2017] FCA 953, Cooper Grace Ward acted for the trustee in bankruptcy, who sought directions from the Court regarding the administration of a trading trust where the bankrupt was the trustee.
The Queensland Court of Appeal has recently handed down the decision of Queensland Building and Construction Commission v Turcinovic [2017] QCA 77, confirming that, once the Queensland Building and Construction Commission has made a payment under a homeowner’s insurance policy, the builder will have very limited grounds on which to
In an increasingly competitive business environment, many businesses face the threat of competitors or ex-employees seeking to make use of confidential information.
Section 477(2B) of the Corporations Act 2001 (Cth) provides that a liquidator must not enter into any sort of agreement that may last longer than three months without first obtaining approval of the Court, of the committee of inspection or by a resolution of the creditors.
All Australian states have sale of goods legislation that, in certain circumstances, allows an unpaid seller to retain possession of goods in transit where the buyer becomes insolvent. The statutory right, called stoppage in transitu, is a useful remedy to obtain payment.
Competing claims to goods are common where there is an unpaid seller with alleged retention of title, the supplier’s customer has gone into external administration and the goods are in the possession of a transport or warehouse provider. Thrown into the mix may be an administrator or liquidator demanding possession
From 1 July 2017, the Farm Business Debt Mediation Act 2017 (Qld) will require mortgagees to offer to engage in mediation with mortgagor farmers before commencing any enforcement action to recover outstanding farm business debts.
The PPS Bill that proposed amendments to the meaning of a ‘PPS Lease’ in the Personal Property Securities Act has been passed.
At the end of last year, the High Court delivered its first judgment on security of payment legislation: Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52. The decision confirms that the existence of a reference date under a construction contract is a
Arbitration is a popular avenue for resolving commercial disputes. One of the key advantages of arbitration is that parties can choose to keep the dispute and its subject matter confidential.
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.