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Sakr punched - Mar 2017
Yesterday, in a unanimous 5-0 decision, the New South Wales Court of Appeal knocked out Justice Brereton’s remuneration decision in Sakr Nominees Pty Ltd  NSWSC 709, the sixth in a series of controversial decisions on insolvency practitioner remuneration.
Despite yesterday’s decision, Justice Brereton’s impact on contemporary attitudes to IP remuneration has been profound. If his aim was to jolt the profession out of complacency and to get liquidators and the courts thinking more critically about what “fair and reasonable” remuneration really entails, he has certainly achieved his goal...
Partner, Thomas Russell, discusses this decision further.
Winding-up companies in a partnership - guidance for liquidators who are appointed to companies acting in partnership - Dec 2016
A recent Western Australian Supreme Court case considered the insolvency of a partnership comprised of corporate members. When a partnership is formally dissolved, the partnership assets are realised by a court-appointed receiver, who will realise and distribute the assets in accordance with the relevant State partnership legislation. Senior Associate, Stefano Calabretta and Lawyer, Brendan May discuss this scenario further.
Court of Appeal to rule on Brereton remuneration decisions - Jun 2016
Last Friday, Justice Brereton finally published his reasons in Sakr Nominees Pty Ltd  NSWSC 709, the latest in a series of controversial decisions on insolvency practitioner remuneration. Partner Thomas Russell discusses this decision further.
Is a lawyer immune from a legal suit? The doctrine of ‘Advocate’s Immunity’ - May 2016
A recent decision on ‘Advocate’s Immunity’ provided an opportunity for the High Court to refine the scope and application of the doctrine. Partner, Thomas Russell, and lawyer, Brendan May, review the decision and what it means for litigants and their representatives.
Polytrade v Glass Recovery Services - Jul 2015
It is trite law that a statutory demand cannot be issued where there is a genuine dispute as to the alleged debt. A recent matter in the Supreme Court of Victoria, Polytrade Pty Ltd v Glass Recovery Services Pty Ltd  VSC 164, considers, amongst other things, the appropriate orders for costs when statutory demands are withdrawn (here, before proceedings were filed to set it aside). Warren Jiear, Sarah Drinkwater and Tim Logan discuss below.
Company liquidation - debits and credits by the Commissioner of Taxation - Jul 2015
On 17 April 2015, the Supreme Court of New South Wales delivered a decision with important ramifications for liquidators and the Commissioner of Taxation in the application of debits and credits in a company’s running balance taxation account following liquidation. Senior Associate, Stefano Calabretta discusses in the matter of 4 Doonan Street Collinsville Pty Ltd (in liq)  NSWSC 437.
When duty calls: Will the failure to pay mortgage duty invalidate the appointment of voluntary administrators appointed pursuant to section 436C of the Corporations Act 2001? - Jul 2015
Senior Associate, Stefano Calabretta discusses the impact of the recent Supreme Court of New South Wales decision of Photios v Cussen (in their capacity as joint administrators of Beechworth Land Estates Pty Ltd (admins apptd)  NSWSC 336, one of the few decisions that has considered and applied the influential 2011 decision of Katzmann J in Arnautovic & Sutherland t/as Jirsch Sutherland & Co v Civitanovic (as trustee if the bankrupt estate of Adrian Lawrence Rosee)  FCA 809 (Civitanovic).
Recovering Unpaid Levies Part A – Tricks, Tips and Pitfalls for Bodies Corporates in relation to Unpaid Levies - Jun 2015
The prompt recovery of levies which are in arrears is an important factor to ensure the smooth and efficient ongoing operation of a body corporate. In the first of two articles, Partner, Warren Jiear and Senior Associate, Katrina Pagey discuss some of the common mistakes made by Bodies Corporate in recovering unpaid levies.
Fewer Protections for Apartment Owners in Queensland: Why a recent decision of the Supreme Court of Victoria paints a grim picture for residential apartments in Queensland suffering from Building Defects - May 2015
Queensland is currently enjoying a surge in the construction of residential apartments. Unfortunately, a recent decision of the Supreme Court of Victoria has underlined again why residential apartments in Queensland benefit from fewer statutory protections than their counterparts in Victoria and New South Wales. Why? It all comes down to the words “detached dwelling”. Partner, Warren Jiear and Senior Associate, Mario Esera explain.
Body Corporate Levies: What are they and what happens if you don’t pay? - May 2015
Most people know that if they own a lot within a community titles schemes they are required to pay Body Corporate levies. For many, however, what Body Corporate levies are, what they are used for and what happens if you do not pay them is confusing, if not an outright mystery. Therefore, to help you make sense of it all, Partner, Warren Jiear and Senior Associate, Mario Esera provide their ABC’s of Body Corporate levies.