What Royal Commission? The pendulum swings the other way on the regulation of financial advice

Winding back regulatory reform – so soon? The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry hauled the banking sector and financial planning industry over the coals.  The road ...

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Building defect report – can it entitle a purchaser to terminate the contract of sale?

The Supreme Court decision of Willis v Crosland [2021] VSCA 320 provides some helpful guidance on whether a purchaser who discovers building defects before settlement can terminate the contract and recover their deposit. In thi...

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Trust me, I’m not a creditor

In the New South Wales Supreme Court case of Hall and Others v Ficema Pty Ltd [2022] NSWSC 29, Ficema Pty Ltd (Ficema) sought to defend an unfair preference claim on the basis that the funds paid to Ficema by an insolvent company ...

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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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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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Liquidators’ Equitable Lien “hammered”

In Volkswagen Financial Services Australia Pty Ltd v Atlas CTL Pty Ltd (Receivers and Managers Appointed)(In liquidation) [2022] NSWSC 573, Justice Hammerschlag of the Supreme Court of New South Wales dismissed a claim by administ...

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