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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
Litigation and Dispute Resolution

Raising statutory illegality as a defence: the Polish Club case

A registered club, the holder of a club licence under the Liquor Act 2007 (NSW), lets a husband and wife into occupation of its premises to operate a restaurant. There is no signed agreement between the parties. After about a year, the Club tells the...

Published by Andrew Lacey
11 May, 2015
Corporate

$3 Million Redundancy Policy Incorporated in CEO’s Contract

A former CEO of ABN AMRO Australia Holdings Limited (AAAH) has been awarded over $3 million after the NSW Supreme Court in James v Royal Bank of Scotland [2015] NSWSC 243 found an employment contract clause which bound the C...

Published by McCabes News
23 April, 2015
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