Binding Financial Agreements under duress in the High Court

By Alex Wynn • In Dispute Resolution, Family Law, LitigationComments Off on Binding Financial Agreements under duress in the High Court

In early August this year the High Court of Australia is to hear an important case about the validity of property settlement agreements in Family Law. These agreements are referred to by lawyers as ‘Binding Financial Agreements’. They include ‘pre-nups’ which are made at the beginning of a relationship. Made

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Low v Barnet (Trustee) [2017] FCAFC 60

By Tim Elliott • In Bankruptcy Law, Dispute Resolution, Insolvency Law, LitigationComments Off on Low v Barnet (Trustee) [2017] FCAFC 60

Introduction Recently, the Federal Court of Australia (Court of Appeal) has passed judgment regarding a sole creditor seeking every realisable dollar of a bankrupt’s estate in the matter of Low v Barnet (Trustee) [2017] FCAFC 60. The appeal was heard before Flick, Jagot and Gleeson JJ. Facts In 1993, Ms

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Do you purge your contempt?

By Danny Bycroft • In Dispute Resolution, Law, LitigationComments Off on Do you purge your contempt?

The Supreme Court of Victoria has recently served notices to appear on Commonwealth Government Health Minister Greg Hunt, Assistant Treasurer Michael Sukkar and Human Services Minister Alan Tudge. The Ministers have been asked to appear before the Court to “make any submissions as to why they should not be referred

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How Demanding: The Standard for Supporting Affidavits when Setting Aside Statutory Demands – Insolvency 101

By Tim Elliott • In Bankruptcy Law, Dispute Resolution, Insolvency LawComments Off on How Demanding: The Standard for Supporting Affidavits when Setting Aside Statutory Demands – Insolvency 101

Solicitors beware – the recent case of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131 has reiterated the standards that are expected for a supporting affidavit that accompanies an application to set aside a statutory declaration. On 30 January 2017, Fokust Pty Ltd obtained a judgment against

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Sham Contracting: The Fair Work Ombudsman now targeting advisers

By Margaret Miller • In Dispute Resolution, Employment LawComments Off on Sham Contracting: The Fair Work Ombudsman now targeting advisers

The Fair Work Ombudsman (FWO) has warned it will pursue anyone involved in sham contracting arrangements to ensure employees are paid. This includes the employer, Human Resources managers and other advisers. In a recent speech by Natalie James, lawyers at the Law Institute of Victoria Workplace Relations Conference were told

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Legislative changes to the effect of indemnity clauses in service agreements

By Margaret Miller • In Dispute Resolution, Employment LawComments Off on Legislative changes to the effect of indemnity clauses in service agreements

Contractual indemnities appear in many services agreements, including subcontracting, labour hire and wet plant hire agreements. Indemnity clauses move liability from one party to another by requiring one party to indemnify the other. The usual type of indemnity arises where one party agrees to indemnify another party for all liability

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Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

By Margaret Miller • In Commercial Law, Dispute Resolution, Property LawComments Off on Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

On 6 September 2016 the Queensland Court of Appeal in Vikpro Pty Ltd v Wyuna Court Pty Ltd [2016] QCA 225 dismissed an appeal and upheld the original decision of the Supreme Court in Wyuna Court Pty Ltd v Vikpro Pty Ltd [2015] QSC 216. A landlord under a commercial lease entered into before

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Is a digital signature foolproof? Maybe not ….

By Margaret Miller • In Commercial Law, Dispute Resolution, LitigationComments Off on Is a digital signature foolproof? Maybe not ….

While executing legal documentation with electronic signatures is convenient and becoming more common, issues of security and enforceability need to be considered. Recently the Supreme Court of New South Wales held that a company director was not bound by a guarantee that carried his electronic signature. In Williams Group Australia

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“No regrets” For Australian Treasurer Joe Hockey After Defamation Case

By Danny Bycroft • In Dispute Resolution, LitigationComments Off on “No regrets” For Australian Treasurer Joe Hockey After Defamation Case

Justice White of the Federal Court of Australia handed down his decision in the long running Hockey v Fairfax Media Publications Pty Ltd (No 2) matter last week. The decision was a mixed bag for Australian Treasurer Joe Hockey with Justice White disagreeing that a series of articles published in The

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Council infrastructure charges … what if you don’t agree with the amount?

By Margaret Miller • In Dispute Resolution, LitigationComments Off on Council infrastructure charges … what if you don’t agree with the amount?

We recently acted for a major developer which was building a retirement village for couples. Until the Queensland state government imposed a limit on the infrastructure charges that could be levied on new development, there were many and varied charges imposed by the different local authorities, sometimes in amounts that

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