Liquidator’s application to obtain greater role in managed investment scheme winding up
In LM Investment Management Limited v Whyte [2019] QSC 233, the Supreme Court of Queensland considered an application by a Liquidator to: replace the court-appointed Receiver in the winding up of a managed investment scheme as well as for a complex remuneration and costs regime to be put in place; and to access the scheme property in […]
ReadmoreLiquidator’s remuneration from trust assets – the next instalment
In LM Investment Management Limited & Anor Whyte [2019] QSC 245, the Supreme Court of Queensland considered an application by the Liquidator of LM Investment Management Limited (LM), for payment of some or all of his remuneration from trust property. The trust property comprised by a number of registered investment schemes, including the LM First Mortgage Income […]
ReadmoreSend it to the right person: the importance of accurate notices terminating options
In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd,[1] the Supreme Court of Victoria held that a notice purportedly terminating an option to purchase 20 units in a trust for $2.3M was invalid. This was because it was not addressed in accordance with the contract. Instead of being addressed to the company care of its lawyers, […]
ReadmoreInvolved or not involved? That is the question for partners.
It is well established that the privilege against self-incrimination and privilege from exposure to civil penalties can be claimed by natural persons and are not available to corporations. However, the position is not yet settled insofar as it relates to partnerships. More specifically, whether all partners can claim the privileges or whether it can only […]
ReadmoreLife cycle of litigation beyond life: deceased estates
What do you do when there is no-one to sue? In the Supreme and County Courts in Victoria, there is a civil procedure when the defendant is deceased or dies and a cause of action survives. See below our overview of this procedure. Click here to view the full size PDF. […]
ReadmoreFMCG Express | September Edition
Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]
ReadmoreFederal Court finds ticket reseller engaged in misleading and deceptive conduct
In the recent case of ACCC v Viagogo AG, the Federal Court considered whether Viagogo engaged in misleading and deceptive conduct by acting in a way liable to mislead consumers when reselling event tickets in breach of the Australian Consumer Law. This decision is a reminder to businesses to accurately describe the nature of the products or services […]
ReadmoreAFCA now considering legacy complaints dating back to 2008
Until June 2020, AFCA can consider certain Legacy Complaints dating back to 1 January 2008 when administering the AFCA external dispute resolution scheme. This may pose evidentiary challenges both in terms of retention of relevant documents and staff recollection of events which occurred over a decade ago. The expansion of AFCA’s jurisdiction also means that […]
ReadmoreEmployees’ priority in the insolvency of a trading trust: the Amerind case in the High Court
In the Amerind case, the High Court has unanimously held that the former staff of an insolvent trustee company have the same rights to priority payments as the employees of an insolvent non-trustee company. In doing so, the Court settled a long-standing debate about the nature of a trustee’s right to indemnify itself from trust property for trust […]
ReadmoreConsumer Data Right back on track
On 1 August 2019, the Senate passed the Treasury Laws Amendment (Consumer Data Right) Bill 2019 to introduce amendments to the Competition and Consumer Act 2010, the Privacy Act 1988, and the Australian Information Commissioner Act 2010 to form the framework for the Consumer Data Right (CDR). The bill followed a relatively quick turnover after […]
ReadmoreWhen things go wrong for banking customers – the new Banking Code will help with deceased estates
The new Banking Code, which commenced on 1 July 2019, contains a new section under Part 9, Chapter 45 on helping with deceased estates. Click here to view the full size PDF. Legal Insight | Life cycle of litigation beyond life: deceased estates
ReadmoreThe Model Litigant post the Hayne Royal Commission – walking a tightrope?
A great deal has already been written about the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Banking Royal Commission) and the scandals which emerged throughout. Commissioner Hayne’s ire (and that of the public and media) was felt by many, including the regulators, the Australian Securities and Investments Commission (ASIC) and […]
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