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$55M demand scuppered in battle of form over substance. (Very) strict compliance is required when it comes to calls on performance security. - Feb 2019

In the recent decision of Santos Limited v BNP Paribas [2019] QCA 11, the Queensland Court of Appeal upheld a decision that a failure to include the words “authorised signatory of Santos Limited” meant that a demand made upon a bank guarantee was invalid.  Given the principle of ‘’strict compliance’’, the employee’s signature and position description did not amount to a representation that he was an authorised representative of Santos Limited.  Ted Williams, Partner and Gemma Twemlow, Senior Associate, discuss what the decision means for parties when notices under contracts.    

Assigning the right to sue - the new provisions' - Apr 2017

External administrators of companies can now assign any right to sue that is conferred on them by the Corporations Act, for example voidable transaction claims and insolvent trading claims. Previously these were considered rights that could only be utilised by the appointed liquidator and so could not be assigned. Now they can.

Thomas Russell, Partner and Brendan May, Lawyer discuss these new changes and what they mean for insolvency practitioners. 

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 [2016] 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 [2016] 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 [2015] 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) [2015] 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) [2015] 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) [2011] 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.

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