A recent decision of the Federal Court of Australia in Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204 provides a reminder to rethink the inclusion of 'general charging clauses' in businesses' standard trading terms. A general...

It's very common in commercial and retail leasing transactions for the landlord and tenant to sign a preliminary document, such as a Letter of Offer, a Terms Sheet or Heads of Agreement, before signing the formal lease document. ...

In the decision of Re Mervyn Jonathan Kitay as liquidator of T & L Produce Marketing; Ex Parte Mervyn Jonathan Kitay as liquidator of T & L Produce Marketing [2022] WASC 299, the liquidator of T & L Produce Marketing P...

Introduction On 1 September 2022, in Re Lord, Invigor Group Ltd (admins apptd) [2022] FCA 1064, the Federal Court of Australia relieved administrators from liability in respect of a funding agreement with a secured creditor to tr...

On 12 October 2022 the High Court of Australia in Bosanac v Commissioner of Taxation [2022] HCA 34 confirmed the continued operation of the presumption of advancement as part of the general law in Australia.  The decision reverse...

On 27 October 2022, the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 passed through the Senate, and now awaits Royal Assent. Among other things, the amendments mark a significant expansion of the unfair c...