News & Blog

In our previous article we discussed how the amendments set out in Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) wi...

The liberal conception of freedom of contract has long been haunted by the spectre that, where there are no rules, the “primitive doctrine that might is right” may reign. To fetter this, laws have been introduced to redress the balance of ne...

What happens if the parties to a contract depart from its terms but then one of them turns around and insists on strict compliance with the contract?  Will the contract remain binding or will the parties be held to their new arrangement even if it do...

One issue that often comes up in a dispute concerning a loan agreement is whether certain fees, such as termination fees, or establishment fees, have to be paid at settlement.  Depending on the circumstances, such a fee may be a penalty, and therefor...

Statutory duties will often include a set limitation period stating how long a party has to bring a claim for breach, often six years.  However, equitable claims, such as a breach of fiduciary duties, do not have express limitation periods. Because o...

It is well known that directors of a company owe fiduciary duties to the company in addition to the statutory duties imposed by the Corporations Act 2001 (Cth).   ‘Fiduciary duties’ are often loosely referred to as duties of loyalty a...

As of 1 July 2018, purchasers are required to withhold the GST component of certain property transactions and remit the amount to the Commissioner of Taxation on or before settlement. The amendments were implemented to prevent ‘phoenixing’, whereby p...

Ordinarily, a company entering liquidation is considered the commercial equivalent of “game over”, “checkmate”, “the end”, “K.O” or whatever other synonyms creditors can conjure up. This would be true for the most part because, at the end of the liqu...