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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.

The liabilities of co-sureties - Apr 2015

The High Court contributes to the debate on the division of liabilities between co-sureties. Lawyer, Daniel Coloe looks at the recent High Court decision of Lavin v Toppi.

Insolvency Update - Mar 2015

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the March 2015 edition:

  • Statutory demands - ensure your debts are clearly described, or risk your demand being set aside - Senior Associate, Sarah Drinkwater
  • The PPSA in 2014 - a year in review (part 2) - Partner, Tom Griffith and Associate, Stefano Calabretta
  • Appointing provisional liquidators - on the just and equitable ground - Senior Associate, Sarah Drinkwater and Associate, Tim Logan
  • SOS: how to save your security after an insolvency event when there has been a failure to register - Associate, Stefano Calabretta

Insolvency Update - Jan 2015

Welcome to our first edition of Insolvency Update for 2015, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the January 2015 edition:

  • Step aside - if you don't sue them, I will! - Associate, Stefano Calabretta
  • Update: Joe & Joe Developments - appropriate expenditure by insolvency practitioners - Partner, Warren Jiear and Associate, Tim Logan
  • The PPSA in 2014 - a year in review (part 1) - Partner, Tom Griffith and Associate, Stefano Calabretta
  • Companies' indemnities - liability for legal costs pre-verdict - Partner, Michele Kramer and Lawyer, Lucinda Carter

Insolvency Update - Dec 2014

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the December 2014 edition:

  • Beware: a failure to register a personal security interest in time could result in a loss of property - Partner, Michele Kramer and Associate, Ashley Christian
  • Power of the Court to act in aid of Courts in other countries that have jurisdiction in bankruptcy - Senior Associate, Sarah Drinkwater
  • In need of direction - who can I trust? - Associate, Stefano Calabretta
  • Retention of money for tax from sale of property - is it necessary? - Special Counsel, Lisa Gallate

Insolvency Newsflash - Focus on appropriate expenditure by practitioners continues - Oct 2014

Re: Joe & Joe Developments Pty Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1444

Recently, Courts have increased focus on the appropriateness of expenditure (including legal fees) incurred by insolvency practitioners and the steps they should undertake to determine if the costs and expenses are reasonable. Warren Jiear, Partner and Tim Logan, Associate look at a case handed down on 22 October 2014 that considered these issues and the implications for practitioners.

Insolvency Update - Sep 2014

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the September 2014 edition:

  • The Personal Property Securities Act - Interim Review - Partner, Amanda Banton and Special Counsel, Lisa Gallate
  •  Applying trust assets against liquidators' remuneration - Senior Associate, Sarah Drinkwater, Associate, Tim Logan and Paralegal, Erin Donald
  • Federal Court of Australia upholds landmark cross-border insolvency decision - Associate, Stefano Calabretta

Insolvency Update - Aug 2014

Welcome to this edition of Insolvency Update, looking at topical and important issues in relation to insolvency and bankruptcy law.

In the August 2014 edition:

  • Hands off my money! High Court of Australia confirms priority of Liquidators' lien - Associate, Stefano Calabretta
  • The purpose and appropriateness of liquidator's examinations - will there be a change to the status quo? - Partner, Amanda Banton, Senior Associate, Paul Springthorpe and Law Graduate, Frieda Chan
  • Liquidators - obliged to hold money for tax from sale of property? - Special Counsel, Lisa Gallate
  • Recognition of foreign main proceedings in cross-border insolvency matters - Senior Associate, Sarah Drinkwater and Associate, Tim Logan

The Importance of DIRRIs has been highlighted - Jul 2014

In February 2014, we published an Insolvency Update discussing the matter of Re Walton Constructions Pty Ltd (in liq); ASIC v Franklin [2014] FCA 68, in relation to an unsuccessful application by ASIC to remove the liquidators of the relevant companies for a perceived lack of independence and impartiality (also seeking further declarations that the DIRRI they completed was deficient). Partner Warren Jiear and Associate, Tim Logan look at ASIC's appeal against this decision.

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