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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...

Published by Andrew Lacey
23 March, 2015
Government and Administrative Law

The High Court is strict yet flexible – statutory time limits for liquidators seeking to commence voidable transactions proceedings

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...

Published by Andrew Lacey
12 March, 2015
Commercial

Occupier’s Liability Owner liable for mat placed on polished floor – Dillon v Hair [2014] NSWCA 80

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 ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability Slip and fall on driveway – Caruana v Darouti [2014] NSWCA 85

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 ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability – Owner liable for mat placed on polished floor – Dillon v Hair [2014] NSWCA 80

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 ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability – Slip and fall on driveway – Caruana v Darouti [2014] NSWCA 85

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 s 5B of t...

Published by McCabes News
5 April, 2014
Commercial

Constructing the boundaries of a builder’s duty of care – Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52

Author: Kiley Hodges Judgement Date: 14th March, 2014 Citation: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52 Jurisdiction: High Court of Australia[1] In Brief The High Court of Australia has granted Broo...

Published by McCabes News
23 March, 2014
Commercial

New Zealand Supreme Court overturns Bridgecorp regarding a statutory charge over defence costs – BFSL 2007 Limited & Ors v Steigrad [2013] NZSC 156

Author: Yasmin Bell Judgement Date: 23rd December, 2013 Citation: BFSL 2007 Limited & Ors v Steigrad [2013] NZSC 156 Jurisdiction: Supreme Court of New Zealand[1] In Brief Pursuant to s 9(1) of the Law Reform Miscellaneous Provisions Act 1936 (N...

Published by McCabes News
15 March, 2014
Commercial

Can a failure to institute a system of inspection be found to have caused a plaintiff’s injury? – Australian Winch & Haulage Company Pty Limited v Collins [2013] NSWCA 327

Author: Melinda Conry Judgement Date: 9th October, 2013 Citation: Australian Winch & Haulage Company Pty Limited v Collins [2013] NSWCA 327 Jurisdiction: Court of Appeal [1] In Brief The Court of Appeal considered the issue whether an employer&#...

Published by McCabes News
18 October, 2013
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