QCAT Tools: The Form Number 40

By Danny Bycroft • In Law, LitigationComments Off on QCAT Tools: The Form Number 40

As they say “it comes with the territory.” The Queensland Civil and Administrative Tribunal (“QCAT”) is, in many of its jurisdictions including minor civil disputes, the jurisdiction with the lowest monetary limit and often the most accessible for self-represented litigants (and over-enthusiastic legal practitioners). Unfortunately, this leads to many Applications

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Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

By Margaret Miller • In Bankruptcy Law, Commercial Law, Dispute Resolution, Insolvency Law, Law, Litigation, NewsComments Off on Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

After many failed attempts over the past 6 months to negotiate cuts in leasing charges, Luke Baylis, the chief executive and co-founder of SumoSalad put two of its companies, Sumo Westfield Leasing Pty Ltd and Sumo Leasing Pty Ltd, into voluntary administration to force several Westfield centres to the negotiating

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Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

By Tim Elliott • In Commercial Law, Dispute Resolution, Law, Litigation, Property LawComments Off on Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

The abovementioned appeal considered whether an unsigned deed or contact can in fact be binding. This issue is often a factual scenario faced by legal practitioners every day in advising their clients in circumstances where clients have not fully completed their paperwork. At first instance, the Respondent had succeeded and

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Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

By Tim Elliott • In Dispute Resolution, Insolvency Law, Law, Litigation, Property LawComments Off on Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

Majet v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall [2015] QSC 38, considered the impact of a bankruptcy trustee’s disclaimer upon the entitlement of a deposit paid in accordance with a contract for the purchase of a residential property. FACT In early February 2014, Mr Herbert

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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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Request for extension of time in FPA claim denied

By Dan O'Connor • In Litigation, WillsComments Off on Request for extension of time in FPA claim denied

The recent decision of Frastika v Cosgrove as executor of the estate of Russell Walter O’Halloran (Deceased) [2016] QSC 312 emphasises the importance of complying with legislative timeframes when lodging an FPA application. In this matter, Mrs Frastika applied for greater provision to be made for her out of her

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The High Court finds employer liable for employee’s intentional criminal acts

By Margaret Miller • In Employment Law, LitigationComments Off on The High Court finds employer liable for employee’s intentional criminal acts

On 5 October 2016 in Prince Alfred College Incorporated v ADC [2016] HCA 37, the High Court confirmed that, in special cases, employers can be vicariously liable for intentional criminal acts of their employees. Employers can be vicariously liable for the harmful acts of their employees done within the course of their employment,

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Fining Franchisors – A Future Trend?

By Margaret Miller • In Commercial Law, LitigationComments Off on Fining Franchisors – A Future Trend?

Consumer watchdog the ACCC has begun cracking down on franchisor misbehaviour, bolstered by the powers awarded to it under the revised Franchising Code of Conduct. The start of 2015 heralded the amended Code coming into effect, thanks to a slew of franchisor disputes and governmental inquiries. The Code now contains

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