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 ...
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.
When a lessee fails to comply with a notice to remedy a non-payment or other lease default, the lessor may be entitled to terminate the lease and retake possession of the property. This is commonly done by changing the locks.
Important proposed amendments to the meaning of a ‘PPS Lease’ in the Personal Property Securities Act.
Recently the New South Wales Court of Appeal considered whether a director was liable under a guarantee in a credit application where his electronic signature had been affixed to the guarantee without his knowledge.
On 6 February 2017, the New South Wales Court of Appeal dismissed an appeal against the well-known decision of the Supreme Court where a lessor lost its interest in turbines (worth US$44 million) because of its failure to register on the Personal Property Securities Register (PPSR).
The Financial Ombudsman Service Australia (FOS) deals with a range of disputes including banking, credit, loans, insurance and financial planning.
The Queensland Government is holding community and industry consultation and inviting feedback on a series of proposed reforms for the Queensland building and construction industry.
Last week the Supreme Court of New South Wales provided another timely reminder to ensure that all security interests are correctly registered on the Personal Property and Securities Register (PPSR) through the decision In the matter of OneSteel Manufacturing Pty Ltd (administrators appointed) [2017] NSWSC 21.
Failing to register a lessor’s security interest on the PPSR over plant and equipment at leased premises can result in the lessor’s unperfected security interest passing to the administrator of the lessee.
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.