Voluntary Administrators – entitlement to an equitable or statutory lien over funds held on trust
A recent case in the Supreme Court of Victoria of In the matter of Specialist Australian Security Group Pty Ltd (In Liquidation) (ACN 094 807 173)[1] considered voluntary administrators’ claim to a statutory and equitable lien in respect of remuneration and expenses incurred by them. The facts Valdii Investments Pty Ltd (Valdii) and Abcit […]
ReadmoreFreezing and ancillary orders – key factors the Court considers
Following our July 2018 refresher article ‘Freezing orders – a refresher’, the recent decision of Parbery & Ors v QNI Metals Pty Ltd & Ors [2018] QSC 107 is a helpful reminder of the factors the Court will take into account and the threshold an applicant must meet when deciding whether to grant freezing and […]
ReadmoreWhen a trading trust goes bust: the aftermath of the Killarnee decision
Many modern businesses are carried on through a “trading trust”, with a private company serving as trustee. However, while this type of arrangement is not uncommon, there is still a great deal of uncertainty about correct protocol when a corporate trustee becomes insolvent. Questions arise such as: What happens with the corporate trustee is wound […]
ReadmoreNew Cladding Laws – A Guide for Building Owners
The Building and Other Legislation (Cladding) Amendment Regulation 2018 introduces a new regime for identifying and assessing the risk of cladding products on privately owned buildings in Queensland. The regulation is the Queensland government’s response to the Grenfell Tower fire and the subsequent work of the Queensland Non-Conforming Building Products Audit Taskforce. Who is affected? […]
ReadmoreIn the matter of Assta Labels Pty Ltd: A “Warning Label” to ensure your PPSR registrations are correct
Registering your security interest on the Personal Property Securities Register (PPSR) correctly is a critical step in perfecting your security interest under the Personal Property Securities Act 2009 (Cth) (PPSA). A recent NSW Supreme Court case, In the matter of Assta Labels Pty Ltd [2018] NSWSC 1094 (Assta Labels) provides a good practical example of […]
ReadmoreImpact of Family and Domestic Violence Leave entitlements on Family Law cases
As part of its four yearly review of modern awards, the Fair Work Commission (FWC) has been considering submissions on the potential inclusion of family and domestic leave into those awards (see previous article here). The FWC has now determined that such leave should be provided for in awards and has finalised the model clause […]
ReadmoreNew Banking Code of Practice
With demand for the banks to meet community standards, the ABA has released the new Banking Code of Practice to enhance banking services, with effect from 1 July 2019. Click here for full size image. Authored by: Annette Gaber, Partner Anna Koumides, Senior Associate
ReadmoreLease or Licence?
It is common in developments where the developer does not own the land that a developer will enter into a development agreement with the land owner coupled with a construction lease or licence to occupy and construct on the land. The ability to occupy the land is crucial to undertaking the development and if the […]
ReadmoreLandlords beware – Ipso facto reforms further restrict your rights on insolvency default
On 1 July 2018, the new Insolvency Law reforms in relation to the restrictions on “Ipso Facto” clauses came into force (see new s.415D, s.434J and s.451E of the Corporations Act). In short, the Ipso Facto reforms create an automatic stay on a party’s right to enforce a provision to terminate or amend a Contract […]
ReadmoreMalicious or criminal attacks the main cause of notifiable data breaches
The number of reported data breaches in Australia significantly increased in the period of 1 April to 30 June 2018, according to the second report on the Notifiable Data Breaches scheme by the Office of the Australian Information Commissioner (OAIC). The scheme, which commenced on 22 February 2018, requires private sector and federal government entities […]
ReadmoreCompany fined for unlawful clearing of marine plants
In the course of carrying out works on private land fronting the Maroochy River on the Sunshine Coast, a company deposited waste building material and fill over an area of low lying land on the property and an adjacent wetland area. Following a complaint from the public, the Queensland Boating and Fisheries Patrol (QBFP) commenced […]
ReadmoreApplication for summary judgment dismissed by Planning and Environment Court
The Planning and Environment Court has refused an application for a summary judgment in relation to an originating application made by the Council of the City of Gold Coast seeking declarations and consequential orders in respect of non-compliance with conditions of a development approval for a motor vehicle repair station over premises located in Ormeau. […]
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