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Litigation and Dispute Resolution

Competing Interests of Compulsory Acquisitions in NSW

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

Published by McCabes News
6 August, 2015
Litigation and Dispute Resolution

Government Supported Litigation funding for Liquidators. Recent changes to the Fair Entitlements Guarantee Scheme

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 ...

Published by Andrew Lacey
31 July, 2015
Insolvency

Are gross sum costs orders grossly underused? – Penson V Titan National Pty Limited (No 3) [2015] NSWCA 121

The recent decision of Campbell AJA in Penson v Titan National Pty Limited (No. 3) [2015] NSWCA 121 (Penson) handed down on 26 June 2015 is a timely reminder of the entitlement of a party to seek a gross sum costs order as an alternative to ...

Published by Andrew Lacey
6 July, 2015
Litigation and Dispute Resolution

Part IX and part X agreements: non-bankruptcy alternatives for individuals

The Bankruptcy Act 1966 (Cth) (the Act) provides a regime by which a debtor can compromise with his/her creditors outside formal bankruptcy. The provisions are found in Part X (Personal Insolvency Agreements) and Part IX (De...

Published by Andrew Lacey
30 June, 2015
Litigation and Dispute Resolution

Wills and Estates: suspicious circumstances in drafting wills

It is not uncommon for a Will to be put forward as being a person's last record of their testamentary intentions only for it to be challenged by an aggrieved beneficiary (or someone who, in their opinion, should have been a beneficiary). These dispu...

Published by Andrew Lacey
29 June, 2015
Litigation and Dispute Resolution

The Polish Club case: A win for the Independent Liquor and Gaming Authority

On 17 June 2015, the High Court of Australia gave judgment unanimously overturning a decision of the New South Wales Court of Appeal. The High Court held that a lease granted in contravention of s 92(1)(d) of the Liquor Act 2007 (NSW) was

Published by Andrew Lacey
22 June, 2015
Insolvency

Agreements to negotiate genuinely in good faith…are they binding?

McCabes acted for the defendants in Caves Beachside Cuisine Pty Ltd v Boydah Pty Ltd & 3 Others, an interesting matter which was recently heard before his Honour Justice Kunc in the Supreme Court of New South Wales (Commercial List). The...

Published by Andrew Lacey
9 June, 2015
Litigation and Dispute Resolution

Family trust feud: Gina Rinehart case and its implications

The legal feud involving Australia's richest person, Gina Rinehart and her children has come to an end, at least for now. Yesterday Justice Brereton of the Supreme Court of NSW delivered his long anticipated judgment in Hancock v Rinehart [2015] NSWS...

Published by Andrew Lacey
29 May, 2015
Litigation and Dispute Resolution

Key remedial provision of the Corporations Act 2001: Section 1332

The longest-serving current High Court judge, Hayne J once observed, "1322 applications and predecessors were common and garden in every corporation's list around this country", yet there are only a very few reported cases on section 1322 of...

Published by Andrew Lacey
28 May, 2015
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