How can I sort out a parenting arrangement or financial settlement with my former partner?

When a relationship breaks down, many discussions occur, and well-thought-out arrangements must be made for now and the future. When a person comes to see us about their family law concerns, we ask them a number of questions, incl...

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Make Haste! Trustee obtains extension of time to elect to continue Bankrupt’s class action

Introduction On 6 June 2022, the Federal Court handed down its decision in Official Trustee in Bankruptcy, in the matter of the bankrupt estate of Crawford [2022] FCA 657 ("Crawford").  The case concerned an application by th...

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An issue of Trust: Determining the priority of competing claims to trust assets

The decision of Francis (Trustee), in the matter of Fotios (Bankrupt) v Helios Corporation Pty Ltd [2022] FCA 199 ("Francis") is a useful examination of identifying and determining the priority of competing claims to trust assets....

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What a Mess! High Court refuses application for special leave – disclaimer of onerous property set aside leaving liquidator liable for clean-up costs.

In March 2022, the High Court refused the Australian Sawmilling Co's (TASCO) application for special leave to appeal a decision of the Victorian Court of Appeal. This decision leaves undisturbed the Court of Appeal's decision t...

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A phoenix that will not rise from the ashes – anti-phoenixing provisions render Sale Agreement voidable

Introduction On 11 May 2022, the Supreme Court of Victoria handed down its decision in Re Intellicomms Pty Ltd (in liq) [2022] VSC 228. The case concerned an application by the liquidators of Intellicomms Pty Ltd (in liq) ("Compa...

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High Court Ruling on SMSF Death Benefits

The recent High Court decision of Hill v Zuda Pty Ltd has provided clarity on whether self-managed super fund (SMSFs) can make binding death benefit nominations (BDBNs) last longer than 3 years. The High Court considered whethe...

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