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).
A Put and Call Option Agreement is a beneficial opportunity for an individual or a property developer to sell or purchase land at a future point in time, with limited upfront commitment required by either party.
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.
The recent case of Nanevski Developments Pty Limited (No 2)  NSWSC 1217 removes any doubt as to whether an accompanying affidavit sworn before the date of a statutory demand constitutes “some other reason” to set aside a demand under the Corporations Act.
Despite the belief held by many landholders that they own their land absolutely including anything found above or below it, the law in Australia is not that simple. Multiple parties can have different but legally valid rights over the same land.
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  VSC 126.
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.
What are your rights if you find gold in your backyard? Does the old adage “finders, keepers” apply? Find out who the law states owns the right to any discovered gold or other minerals or gemstones in Australia.
Australian consumer law protects consumers from being misled or deceived about the goods and services they buy. It is important that businesses are aware of these laws and that they ensure the messages they communicate to customers about their products and services through advertising are accurate and honest.
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.