Unfair contract terms reforms – Stronger unfair contract protections proposed for consumers and small business

The Australian Consumer Law and ASIC Act each contain identical provisions that give consumers and small business the right to have contract terms in standard form contracts declared to be void if they: cause a significant im...

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Insolvency sans Borders

Introduction Cross-border insolvency is becoming increasingly common in the globalised world.   This article will review the mechanisms available to deal with cross-border insolvencies, as applied in the recent decision of Just...

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Back to the Future – Testing Insolvency

Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 arose from the collapse of Arrium Ltd and a number of its subsidiaries in April 2016. It is a complex case...

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The risks of writing your own Will

The coronavirus pandemic has thrown our lives into a state of uncertainty and during this time many people are considering whether they should make a Will or they are reflecting on their existing Wills to see whether it clearly se...

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Update on Electronic Signatures under Section 127 of the Corporations Act

Electronic execution of documents is once again permitted under section 127 of the Corporations Act 2001 (Cth) ("Corporations Act"). On 10 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 ("the Bill") passed...

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Enforcing Interests in Disclaimed Land

Introduction A bankruptcy trustee has the power to disclaim interests in land that are burdened with onerous covenants, unsaleable or not readily saleable. On doing so, the interest formerly held by the bankrupt re-vests in the C...

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