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Results: 1-7 of 7

“Turning a blind eye”: a refresher

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • January 27 2011

It is common knowledge that dishonesty will usually trigger an exclusion for cover under a professional indemnity policy

Enforcement of guarantees against a wife the Yerkey v Jones principle

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • June 29 2011

Despite criticism, a special equity established in the 1930s is still available which entitles a wife (if the circumstances permit) to relief from enforcement of a guarantee she has given as security for her husband’s debts

One super breach, multiple contraventions

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 30 2012

On 6 February 2012, the Administrative Appeals Tribunal (AAT) handed down its decision in Montgomery Wools Pty Ltd as trustee for Montgomery Wools Pty Ltd Super Fund v Commissioner of Taxation 2012 AATA 61 regarding related entity transactions between superannuation funds and related trust funds

Courts warn against inflating property values

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • June 20 2012

The recent decision of the Full Court of the Federal Court of Australia in Propell National Valuers (WA) Pty Ltd v Australian Executor Trustees Limited 2012 FCAFC 31 serves as a reminder of the duties and obligations that property valuers hold towards third parties relying on the content of their reports

Unfair payment preferences: watch who you contract with?

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • April 26 2012

The recent judgement of Kassem and Secatore v Commissioner of Taxation shows that not even the Commissioner of Taxation is immune to payments being clawed back where the ATO is paid in preference to other creditors

Rural debt: the farmers parachute

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • November 2 2012

The High Court decision of Waller v Hargraves Secured Investments Limited 2012 HCA 4 (Roslyn) comes at a time where rural debt is rising in the shadow of falling land prices

Lending issues: unjust contracts and independent legal advice

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • May 9 2013

The recent New South Wales Court of Appeal decision of Provident Capital Ltd v Papa 2013 NSWCA 36 provides guidance in relation to the Court's

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