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Litigation and Dispute Resolution

The law on heartbreak: breaches of contract and marriage

It is unusual for a decision of the Local Court of NSW to garner significant public attention, and even more unusual for any Local Court to have to consider a historically unsettled area of law. But the recently published judgment in Toh v Su

Published by Chiara Rawlins
13 October, 2017
Insolvency

Can an unsent text message amount to a will?

The recent Supreme Court of Queensland case of Nichol v Nichol [2017] QSC 220 reveals a rather tragic story. It also serves as useful example of the relating to informal wills. The deceased, Mark Nichol, was married three times. He became e...

Published by Chiara Rawlins
13 October, 2017
Insolvency

ACCC takes action to throw out rubbish small business contract terms

Introduced in November 2016, new provisions of the Australian Consumer Law prohibit businesses from inserting unfair terms into their standard-form contracts with small businesses. Until now, the new regime hasn’t been put to the test, but this mont...

Published by Andrew Lacey
11 October, 2017
Insolvency

Be intellectual about your property: key IP management tips for start-ups and growing businesses

It goes without saying that entrepreneurs want to grow their business as quickly and effectively as possible. However, many people fail to realise the integral role that intellectual property plays in the formation, expansion and protection of their ...

Published by Andrew Lacey
11 October, 2017
Insolvency

Application of Transitional Provisions to ‘Ongoing external administrations’

We are now past the second tranche of changes under the Insolvency Law Reform Act 2016 (Cth), comprised most importantly of Part 3 of the Insolvency Practice Schedule (IPS) (containing the General Rules relating to external ...

Published by Andrew Lacey
26 September, 2017
Insolvency

Getting a handle on the new funds handling provisions under the ILRA 2016

Division 65 and the New Strict Liability Regime With the first tranche of changes under the Insolvency Law Reform Act 2016 (Cth) (ILRA) now some 6 months behind us you could forgive the industry for...

Published by Andrew Lacey
25 September, 2017
Insolvency

Safe Harbour and Ipso Facto reforms pass into law

On 18 September 2017 the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (the Safe Harbour and Ipso Facto Act) became law. The Safe Harbour reforms introduced in the Safe Harbour and Ipso Fact...

Published by Andrew Lacey
25 September, 2017
Insolvency

External administrators to avoid personal gain

External administrators are required to be independent, impartial and avoid personal conflicts of interests when carrying out their role and dealing with company assets. This is the reason for why they need to lodge a declaration of independence, rel...

Published by Andrew Lacey
25 September, 2017
Litigation and Dispute Resolution

Limitations on entire agreement clauses

Entire agreement clauses are often employed as a means of defining the parameters of an agreement. However, in reality such clauses are far from definitive and may be subject to a variety of limitations.   What is an entire agreemen...

Published by McCabes News
25 September, 2017
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