Rent incurred during the administration period has priority over other unsecured debts - recent decision of the Federal Court of Australia
In what was a welcome decision for landlords in the current climate, the Federal Court of Australia recently ruled that rent was an expense “properly incurred” by the Administrators and accordingly given priority over other unsecured debts by virtue of s.556(1) of the Corporations Act 2001 (Cth) (Act).
Receivership, Voluntary Administration and Liquidation: What's the difference?
Company directors need to understand the differences between receivership, voluntary administration and liquidation in case they are faced with the difficult situation of having to deal with a company in financial distress.
Making a Building Payment Claim | Construction and Building Law Update
The Supreme Court of Victoria has outlined the law relating to building and construction payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic) in its judgment in the case, John Beever (Aust) Pty Limited v Paper Australia Pty Ltd [2019] VSC 126.
MOTOR VEHICLE INSURANCE CLAIMS AND DISCLOSURE OF SENSITIVE INFORMATION
Investigations into the validity of motor vehicle claims occur when insurers have reason to believe there may be an ulterior motive for the claim and require documentation to verify whether any circumstantial evidence exists that may point toward a motive for fraud.
Case Summary: BRISBANE CITY COUNCIL V KLINKERT [2019] QCA 40
The Queensland Court of Appeal has clarified the requirements under the Planning Act 2016 (Qld) for code assessable developments in the recent case of Brisbane City Council v. Klinkert.
Legislation Update: New Oaths and Affirmations Act 2018 (Vic)
The new Oaths and Affirmations Act 2018 (Vic) came into effect on 1 March 2019 and contains provisions relating to oaths, affirmations, affidavits and statutory declarations.
The importance of trade marks and the recent McDonald’s ‘Big Mac’ case
On 15 January 2019, the European Union Intellectual Property Office revoked McDonald’s exclusive right to the trade mark ‘Big Mac’ in Europe. The recent ruling suggests that trade mark disputes must meet evidentiary standards to show the genuine use of trade marks.
Actions commercial tenants can take if their leased premises are not up to scratch
Commercial tenants may have legal recourse against their landlord if their leased premises are not adequately maintained or repaired, even if no express rights of demand or obligations on the landlord are included in a lease.
Bankruptcy update: The Court’s power to go behind a Judgment
In a landmark decision Ramsay Health Care Australia v Compton, the High Court found that a bankruptcy notice founded on a judgment debt can be challenged and that the Court can use its discretion to “go behind” a judgment that is relied upon in a bankruptcy notice to determine whether the debt is truly owing.
The Insolvency Law Reform Act 2016 (Cth) – how it is being implemented in practice
Although some provisions of the Insolvency Law Reform Act 2016 (Cth) did not come into effect until 1 September 2017, recent cases demonstrate that the courts have found certain deferred provisions apply from 1 March 2017.