Victorian Court of Appeal rules on third party unfair preference payments

On 5 August 2020, the Victorian Court of Appeal handed down its judgment in Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198, providing clarity on the circumstances in which a third party payment may amount to an unfair pre...

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Landlords’ “Super Priority” for unpaid rent of insolvent tenants

Introduction With the full impact of Stage 4 Restrictions on Victorian businesses yet to be felt, the Federal Court of Australia decision in Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) ...

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Using your super powers: Why you should register your interests to obtain PMSI super priority

Introduction In March 2020, the Federal Government introduced measures to reduce financial pressure on businesses and individuals caused by COVID-19, including Job Keeper and extensions of time to comply with statutory demands a...

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Case Note: Court of Appeal again finds against worker

In Schembri v State of Victoria, the Court of Appeal rejected the appellant's claim that the jury's verdict for the defendant both in relation to his claim for negligence and breach of statutory duty was against the evidence and t...

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All Gunns blazing – Federal Court affirms peak indebtedness rule post-Timberworld

Introduction On 27 May 2020, the Federal Court of Australia handed down its judgments in three separate unfair preference proceedings instituted by the liquidators of Gunns Limited (in liq)(receivers and managers appointed)("Gunn...

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Landmark decisions add controversy to pet ownership in strata schemes

The legal fight for pet ownership rights in strata buildings has just taken a major setback. In a series of highly contentious matters, the New South Wales Civil & Administrative Appeals Panel ('Appeals Panel') has overturned ...

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