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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Avoiding trouble in tenders

Tendering is a process by which entities, commonly governments and private sector entities (Principal), procure goods and services competitively. Principals are usually familiar with the Request for Tender document (RFT), issued t...

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Understanding Contracts

We talk about contracts daily. Whether it's our favourite footballer signing that new million dollar agreement or that thousand page document our supplier requires us to sign – contracts are everywhere. Yet, despite their preval...

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Help! I can’t comply with my contract due to Coronavirus: a guide to contract relief during the COVID-19 Pandemic

On 11 March 2020, the World Health Organisation declared COVID-19 a global pandemic. Countries across the globe have taken unprecedented steps to curtail the spread of COVID-19, however, this has seen major disruptions within the ...

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Fruit of the poisonous tree: when illegally obtained evidence can be used in Court

In recent developments, the High Court of Australia in Kadir v The Queen; Grech v The Queen [2020] HCA 1 considered when illegally obtained evidence can be admissible in court and whether or not the American concept which excludes...

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