A recent Queensland Court of Appeal case reinforces the long-standing principle that directors must not let their private interests conflict with the fiduciary duties they owe to the company. As was expressed by Lord Cranworth in the seminal case of...
On 21 September 2015 the Supreme Court of NSW, in the matter of Allsvelte Pty Ltd v Cassegrain Wines Pty Limited [2015] NSWSC 1370, refused to allow a lessee to exercise an option to extend a retail lease due to the lessee's conduct and seve...
The recent Full Court of the Federal Court of Australia decision of Templeton v Australian Securities and Investment Commission [2015] FCAFC 137 has considered the application of 'proportionality' in determining receivers' remuneration. It ...
Update on McCabes' article " 'Are we there yet' - When are proceedings over for the purposes of enforcement" The High Court of Australia has r...
The recent Queensland decision of Agripower Australia Ltd (Agripower) v Queensland Engineering & Electrical Power Ltd (QEEP) & Ors [2015] QSC 268 has highlighted that a contract between the parties t...
It is not uncommon for companies served with wind up proceedings to appoint external administrators for the purposes of investigating the affairs of the company and so that recommendations can be made to creditors to either have the company wound up,...
The recent Court of Appeal decision in Burke v Burke provides further commentary and clarification in relation to how estrangement will affect the Court's determination of family provision proceedings brought by adult children of deceased pe...
The North West Rail Link project has resulted in a large number of compulsory acquisitions raising a number of interesting principles and competing interests under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) (Just Terms Act
The Fair Entitlements Guarantee Act 2012 (Cth) requires the Commonwealth Government to pay outstanding superannuation, annual leave, redundancy and wages entitlements for eligible employees who have lost their jobs due to the liquidation or ...