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Legal perspectives from our expert lawyers
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McCabes acted on behalf of Allianz in successfully defending the proceedings brought by the Insured for alleged breach of contract and alleged damages of almost $1.6 million. Allianz had elected to undertake repair of damage caused by the insured eve...
In the recent decision of Boensch as Trustee of the Boensch Trust v Scott Darren Pascoe [2019] HCA 49, the High Court has clarified whether property held by a bankrupt on trust for another vests in the bankrupt's trustee in bankruptcy, and t...
On 8 December 2019, the NSW Minister for Planning and Public Spaces announced the Government's in-principle support of the 2016 Central Sydney Planning Strategy (the Strategy) subject to three key amendments. The long-awaited Strateg...
In a recent decision the Federal Court of Australia declined to annul a bankruptcy in circumstances where the bankrupt claimed the proceedings should have been adjourned given his incarceration and solvency at the time the order was made: Mehajer...
In the recent decision of In the matter of Parkway One Pty Limited (in liquidation) [2019] NSWSC 1495 (Parkway), Rees J dismissed an application to terminate the winding up of Parkway One Pty Ltd (in liquidation) (the Compan...
Generally, once a company enters into liquidation, litigation against that company cannot be commenced or be continued without the leave of the Court (Corporations Act 2001, s 471B). However, occasionally a liquidator may cause a company to ...
Recently New South Wales has experienced unprecedented devastating bushfires, which have destroyed over 450 homes. With summer on our doorstep and the predicted dangerous bushfire season, it is timely to know the methods and requirements of reconstru...
The Federal Court of Australia recently struck off an insolvency practitioner from the register of liquidators and restrained him for ten years for acting as an insolvency practitioner. The case concerns the conduct of David Iannuzi, who the Court fo...
In a recent decision, The Estate of Shirley Gardner, Bernengo v Leaney [2019] NSWSC 1324, the NSW Supreme Court was asked to consider the circumstances in which the Briginshaw principle may be invoked. In this case, the Court declined to app...