Letting the Chips Fall Where They May Doesn’t Pay

In the recent High Court decision of Strong v Woolworths, the Court was asked to consider whether the plaintiff had proven that the defendant was negligent in circumstances where there was no evidence to complete the chain of caus...

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Securities may not be so Secure Anymore

Those in industry consider “security” issues all the time.  Border security, cargo security, job security, personal security, asset security and security of that inappropriate and potentially incriminating video recording mad...

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Practical Tips for Businesses and Lenders Overwhelmed or Confused by the PPSA

It is just over one month since the Personal Property Securities Register (PPSR) commenced operation. Here, we share our experiences so far. PPSA in a nutshell The Personal Property Securities Act 2009 (Cth) (PPSA) affects all b...

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Review of Not-for-Profit Governance Arrangements

The Government is introducing significant changes to the not-for-profit sector including the establishment of the Australian Charities and Not-forProfits Commission (ACNC), due to commence on 1 July 2012. As part of that process, ...

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The Credibility Gap and the Gullibility Fill: Perpetual Trustee Company Ltd v Milanex Pty Ltd (in Liquidation)

In the recent case of Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liquidation) [2011] NSWCA 367, the New South Wales Court of Appeal rejected a mortgage broker’s claim that a lender’s knowledge of discrepancies in a pr...

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Defence Costs Precluded by Statutory Charge Over Insurance Monies

A decision in this matter was handed down by the New Zealand High Court on 15 September 2011 that may have significant ramifications in Australia. The facts The case concerned the collapse of the Bridgecorp Group (which compr...

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