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Your trading terms and policies can help you avoid debt recovery headaches
  • CBP Lawyers
  • Australia
  • May 22 2015

Seeking director's guarantees, following your credit policies and including recovery costs, interest clauses, general security and retention of title

When are LDS a penalty?
  • Allens
  • Australia
  • May 8 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty. In a decision

Be very clear if the intention is to create a trust: Korda & Ors v Australian Executor Trustees (SA) Limited 2015 HCA 6
  • Gilbert + Tobin
  • Australia
  • April 30 2015

In this case, the High Court held that the proceeds of the sale of timber and land under a timber plantation scheme were not held on trust for

Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
  • Allens
  • Australia
  • April 29 2015

The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency, particularly in relation to inconsistency between

PPSA - Whittaker Review final report - implications for the hire industry
  • Bartier Perry
  • Australia
  • March 30 2015

The final Report of the Whittaker Review into the Personal Property Securities Act 2009 (Cth) (PPSA) was tabled in Federal Parliament on 18 March

Court allows deed administrator to transfer shares in a company’s restructure without the consent of the shareholders
  • Corrs Chambers Westgarth
  • Australia
  • March 27 2015

In In the matter of Nexus Energy Ltd (subject to a deed of company arrangement) 2014 NSWSC 1910, the deed administrators of Nexus Energy Limited

In the matter of Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd)
  • Corrs Chambers Westgarth
  • Australia
  • February 20 2015

The recent Supreme Court of NSW decision In the matter of Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd) 2015 NSWSC 6

Lending money to your company to pay wages: leapfrogging the priority of other creditors in a winding-up
  • Cooper Grace Ward
  • Australia
  • February 13 2015

When a company is facing short term financial difficulties the directors or shareholders may decide to make a loan to the company to pay wages. If

Liquidator of corporate trustee entitled to remuneration from the trust assets
  • Allens
  • Australia
  • October 17 2014

A recent Federal Court decision has confirmed that liquidators of a corporate trustee are entitled to be remunerated out of the trust assets for

Podcast: Christina McElwain on MyMelbourne with Glenn Ridge (MyMp 1377AM)
  • Rockwell Olivier
  • Australia
  • October 7 2014

Christina McElwain of our Melbourne office discusses phoenix companies on MyMp 1377AM radio show "MyMelbourne with Glenn Ridge". Click here to