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Results: 1-10 of 11

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

“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

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

Hauff v Miller 2013 QCA 48: “subject to finance” clauses

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 12 2013

The Queensland Court of Appeal decision in Hauff v Miller reiterates that a purchaser will not always be able to rely on a 'subject to finance'

Obligations of controllers: selling property at market price

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • July 17 2013

Once appointed, mortgagees in possession (and receivers) owe a duty of care when selling mortgaged property. This duty is imposed by common law and

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

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

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

Have you heard the one about the lawyer and the mortgage broker?

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • June 28 2013

This article looks at the 2011 New South Wales Court of Appeal decision in Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liquidation) 2011

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