In an increasingly competitive business environment, many businesses face the threat of competitors or ex-employees seeking to make use of confidential information. ...
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.
Recently, the Victorian Court of Appeal, in Project Gas Services Pty Ltd v Leaseplus Operations Pty Ltd [2017] VSCA 55, upheld the decision of the County Court, which had refused an application to withdraw an offer to settle in circumstances where the party receiving the offer had halved its initial
Commercial leases commonly provide for a rent review at intervals throughout the lease and on the exercise of any option to renew.
On 23 March 2017, Justice Robson of the Supreme Court of Victoria declined to follow the Victorian Court of Appeal decision of Re Enhill, finding that the decision was not binding with respect to different legislation (the Companies Act 1961 (Vic) as opposed to the Corporations Act 2001 (Cth)).
On 17 March, in Hambleton v Finn [2017] QDC 61, McGill SC DCJ of the District Court of Queensland applied the section 553C(1) setoff under the Corporations Act 2001 to a liquidator’s insolvent trading claim against a director.
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.