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Insolvency

‘Proportionality’ strikes again but the court refuses to apply indicative realisation percentages to set liquidator’s remuneration

Background Insolvency Practitioners (IPs) commonly adopt time-based costing for the calculation of their remuneration, primarily on the basis that it ensures that the IP is only remunerated for the work actu...

Published by Andrew Lacey
13 September, 2016
Litigation and Dispute Resolution

Litigant trustees: making sure you are not left to personally foot the bill for the costs of litigation

There are many reasons why a trustee might find itself in the position of bringing or defending a claim on behalf of a trust. The first thing that a trustee on the brink of commencing or defending litigation should do is seriously consider whether to...

Published by Andrew Lacey
6 September, 2016
Intellectual Property and Technology

Destitution and restitution: $6m in company assets transferred without authority clawed back by liquidators

The bar for recovering assets that have been dubiously transferred out of an insolvent company may not be as high as one might think.   Background On 14 June 2016, in its judgment delivered in Great Investments Ltd v Warner [2...

Published by Andrew Lacey
6 September, 2016
Employment

Let’s talk about death – death in contemporary Australia

One of McCabes embedded values is courage and to openly talk about death requires courage.  Given the number of deaths in Australia is projected to double over the next twenty years, we think the time for courage is upon us.  With this in mind, the a...

Published by Terry McCabe
29 August, 2016
Employment

The price of perjury: Fair Work Commission awards indemnity costs against lying applicant

In the recent Fair Work Commission (Commission) decision of Mr James Green v Toll Holdings Ltd [2016] FWC 2790, an employee was ordered to pay his employer’s costs after running away from his own unfair dismissal he...

Published by McCabes News
24 August, 2016
Litigation and Dispute Resolution

NSW Strata Reforms – Key changes of how it will affect you

The state’s major overhaul of the strata laws will finally commence on 30 November 2016 with the introduction of the Strata Schemes Management Act 2015 (the Act), the Strata Schemes Management Regulation 2016 (the Regulations...

Published by McCabes News
23 August, 2016
Commercial

Brexit implications Down Under

Despite being 15,195 kilometres apart, Britain’s decision to leave Europe has been described by some as a ‘king hit’ to Australia. Whilst Australia is unlikely to suffer any permanent scars from this blow, Australia will be forced t...

Published by McCabes News
22 August, 2016
Litigation and Dispute Resolution

Enforceability of ambiguous representations – High Court of Australia provides clarity

Earlier this year we published an article on the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor, noting that there had been a grant of special leave to appeal to the High Court of Australia. The matter was sub...

Published by Andrew Lacey
15 August, 2016
Insolvency

Coming clean: Woolworths fined $9 million for participating in detergent price-fixing

Woolworths has admitted to being ‘knowingly concerned’ in a laundry detergent price-fixing scheme that provided Woolworths with a total benefit of $4.36 million. The Federal Court accepted the joint submissions of Woolworths and the ACCC and ordered ...

Published by Andrew Lacey
21 June, 2016
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