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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
Insolvency

Are “walk away” offers valid offers of compromise which will have costs consequences?

Offers of compromise are an important tool in litigation. Aside from ensuring some form of success, or avoiding total defeat, one of the primary purposes of a party making an offer of compromise is to avoid incurring further legal costs. Where settle...

Published by Andrew Lacey
28 June, 2017
Insolvency

Insolvent trading trusts: the twilight zone

The recent decision of Markovic J in Robert Kite and Mark Hutchins in their capacity as liquidators of Mooney’s Contractors Pty Ltd (in liq) & Anor...

Published by Andrew Lacey
15 June, 2017
Insolvency

Who owns my social media content?

In 2017, an estimated 2.5 billion people will use social media, uploading roughly 300 million photos per day to Facebook alone. The volume of user generated content posted to social media is unprecedented, with many unaware of the legal implications ...

Published by Andrew Lacey
16 May, 2017
Insolvency

The right to bare arms: can someone else own rights in your skin?

Your tattoos are unique, deeply personal, and a true reflection of your freedom, so you can do whatever you like with your tattoo - right?! Wrong. A spate of recent US cases suggests that, far from liberating you, tattoos might restrict your freedom...

Published by Andrew Lacey
26 April, 2017
COVID-19

Chain of Responsibility amendments set to harmonise heavy vehicle and national safety laws

The purpose of the Bill On 1 December 2016, the Queensland Parliament passed the Heavy Vehicle National Law and Other Legislation Amendment Bill 2016 which will be to be incorporated within the uniform national law...

Published by McCabes News
16 January, 2017
Insolvency

Keeping the pirates at bay: Federal Court orders internet service providers to block popular copyright infringing websites

In a landmark decision of the Federal Court last week, popular torrent file-sharing websites such as The Pirate Bay, Torrentz, TorrentHound and IsoHunt (the Websites) will now be blocked in Australia. Following the decision in R...

Published by Andrew Lacey
19 December, 2016
Commercial

One size does not fit all: varying the scope of the Part 5.3A moratorium on proceedings against companies in voluntary administration

Excerpt: Part 5.3A of the Corporations Act 2001 (Cth) (the Act), titled ‘Administration of a company’s affairs with a view to executing a deed of company arrangement’, codifies an extensive regime of rules and protocols which govern...

Published by Andrew Lacey
18 October, 2016
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
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