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Claiming an equitable set-off to reduce the amount you have to pay

Australia - March 17 2021 It is common in commercial disputes for a party to argue that, because they have a set-off, they are not liable to pay the amount claimed. The party…

Environmental chain of responsibility - do you know your obligations?

Australia - March 15 2021 The chain of responsibility amendments to the Environmental Protection Act 1994 (Qld) (EPA) were introduced on 27 April 2016. The amendments expanded…

Leanne O’Neill, Vanessa Thompson

Leasing update: abandonment of premises by tenant during COVID-19 and relief against forfeiture

Australia - August 6 2020 The Court has considered whether a commercial tenant abandoned a lease by ceasing to trade due to COVID-19 and relocating its stock to a warehouse…

Bankruptcy: If you receive a section 139ZQ notice, take it seriously

Australia - July 27 2020 A 139ZQ notice issued by the Official Receiver is a powerful tool for trustees in bankruptcy seeking to recover a benefit received by a third party…

Can a guarantor avoid liability if they do not sign the guarantee as guarantor?

Australia - July 7 2020 An alleged guarantor may seek to argue they are not liable because, although named as guarantor, they did not sign the guarantee as guarantor but…

Ben Williams