Insights

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The ‘Magic’ of s447A

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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...

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Liquidators face public examination

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In the matter of Dampney and Others v Matta and Another [2022] NSWSC 356, the liquidators and former administrators of Jewel of India Holdings Pty Ltd (“Jewel Holdings”) were unsuccessful in setting aside examination summonses...

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High Court upholds continued operation of presumption of advancement

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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. ...

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Unfair contract terms: “More competition, better prices”

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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...

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Protect your Confidential Information! Why having an NDA is important

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What is confidential information? Confidential information is arguably the most valuable type of information a business has. Generally speaking, it is information that: is not common knowledge or in the public domain; you consider to...

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Contractors penalised for bid rigging – a high price to pay!

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Two roof tiling companies and their sole directors have been penalised $420,000 in Federal Court proceedings for illegal cartel conduct. The directors admitted that they breached cartel laws by bid rigging two slate roofing projects....

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Bank guarantees as security for performance

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Bank guarantees are now more widely used than ever and most people involved in business and property transactions have come across them in one form or another. Nevertheless, we still see many instances of misunderstanding...

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First home buyers will soon choose between paying stamp duty or paying annual property tax

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Most First Home Buyers will soon choose between paying stamp duty or an annual property tax. New law will be enacted that will allow eligible First Home Buyers of properties purchased for up to $1.5...

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Trade marks? Here’s everything you need to know

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Have you just started a new business and want to make sure that your brand is not exploited? Or maybe you have been a business owner for quite some time and have just realised that...

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What Royal Commission? The pendulum swings the other way on the regulation of financial advice

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Winding back regulatory reform – so soon? The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry hauled the banking sector and financial planning industry over the coals.  The road to increased...

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Selling Products Online? Here’s a Few Things to Think About

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The world has seen a rise in the presence of online retailers since the pandemic. This has not only amplified the rate at which consumers are able to purchase products but has given online retailers...

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Building defect report – can it entitle a purchaser to terminate the contract of sale?

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The Supreme Court decision of Willis v Crosland [2021] VSCA 320 provides some helpful guidance on whether a purchaser who discovers building defects before settlement can terminate the contract and recover their deposit. In this...

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