A family provision application is an application filed with the District or Supreme Court of Queensland by an eligible person seeking further and better provision from the estate of a deceased person. There are circumstances where sometimes individuals are left out of a will, or perhaps did not receive an adequate portion of the deceased’s estate at the time of the deceased passing.
What is a bare trustees' power of sale of trust assets and to make distributions to creditors in insolvency?
If you are considering entering into a form of insolvency of a trading trust, or if you are an insolvency practitioner and have been appointed over a trading trust, it is essential that you have obtained the relevant legal advice pertaining to your circumstances.
The decision to provide a personal guarantee is a serious commitment, and if you have not received adequate legal advice with respect to the transaction, you are at risk of becoming liable for the same obligations imposed upon the borrower under a financial agreement.
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.