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Results: 1-10 of 43

Emerging apportionment issues
  • McInnes Wilson Lawyers
  • Australia
  • April 10 2014

The High Court decision in Hunt & Hunt v. Mitchell Morgan Nominees Pty Ltd ((2013) HCA 10) highlights the impact of proportionate liability where it


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


“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


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


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


Safeguards to help consumers manage their debt levels
  • McInnes Wilson Lawyers
  • Australia
  • July 17 2014

In the recent case of ASIC v GE Capital Finance 2014 FCA 701, the Federal Court ordered consumer credit provider GE Capital Finance Australia pay a


Jamieson & Ors v Westpac 2014 QSC 32: a reminder to financial advisors
  • McInnes Wilson Lawyers
  • Australia
  • July 21 2014

In March this year the Supreme Court of Queensland delivered its decision in Jamieson & Ors v Westpac 2014 QSC 32. The decision is a reminder to


Can avoiding potential litigation be considered an uncommercial transaction?
  • McInnes Wilson Lawyers
  • Australia
  • May 13 2015

When a company goes into liquidation liquidators will often try to 'claw back' uncommercial transactions. The recent case of 640 Elizabeth Street Pty


The Bitcoin enigma
  • McInnes Wilson Lawyers
  • Australia
  • June 3 2014

Bitcoin is taking the world by storm due to its special character. In contrast to traditional currencies it exists only as electronic data and is