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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
Insolvency – every director’s biggest nightmare. Under the Corporations Act s 459C, when a creditor serves a statutory demand on a company for an outstanding debt, the company will be presumed insolvent if it fails to comply with, or set asi...
The recent decision of Brereton J in In the matter of SurfStitch Group Limited [2018] NSWSC 164 reinforces the nature and fundamental importance of the exercise of making a “just estimate” of the value of creditors’ claims for voting purpose...
Author: Olga Voukidis Judgement Date: 16th July, 2015 Citation: Aldred v Stelcad Pty Ltd [2015] NSWCA 201 Jurisdiction: NSW Court of Appeal [1] In brief Liability for injuries sustained by an entrant onto demised premises will primarily rest with the...
Author: Olga Voukidis Judgement Date: 16th July, 2015 Citation: Aldred v Stelcad Pty Ltd [2015] NSWCA 201 Jurisdiction: NSW Court of Appeal [1] In brief Liability for injuries sustained by an entrant onto demised premises will primarily rest with the...
Beck v Henley & Anor [2014] NSWCA 201 Background Tami and Ami were residuary beneficiaries of a testamentary trust which owned 50% of the voting shares in a proprietary company. The trust was established to "sell call in collect ...
The Perils of Ambiguity in Bankruptcy Notices The Bankruptcy Act ('the Act') is prescriptive as to the form and content of bankruptcy notices. Courts have often observed that close observance of the rules is necessary in light of the serious...
Ability to seek an extension of time Section 588FF(3) of the Corporations Act 2001 (the Act) provides liquidators with a mechanism by which to obtain an extension of time within which proceedings against the recipients of vo...
Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...
Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether sÊ5B of ...