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Searching Content by Graham Roberts from Cooper Grace Ward ordered by Published Date Descending.
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1
Making a loan to a company and not to an individual as borrower: Is it a valid loan, a sham or procured by unconscionable conduct?
The Jams case is a reminder that if vetting processes for potential borrowers are not sufficient, loans may be set aside.
Australia
19 Jul 2019
2
Creditor defeats unfair preference claim by liquidator
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
Australia
11 Jul 2019
3
Statutory demands and disputes regarding the meaning of a contract
Early notice of the grounds of dispute should be given to the creditor, to guard against a statutory demand being issued.
Australia
10 Jul 2019
4
Administrators and liquidators must take information requests seriously: Cost consequences for non-compliance
This is practical guidance for external administrators in responding to information requests from creditors and others.
Australia
12 Apr 2019
5
Subcontractors charges in Queensland – what has changed under the BIF Act?
The BIF Act consolidates the laws for security of payment in the Qld building and construction industry into one Act.
Australia
13 Mar 2019
6
Bank guarantees: strict compliance required when making a demand
Recent case highlights that compliance with the terms of a bank guarantee is an essential precondition to payment on demand.
Australia
13 Mar 2019
7
Serving a creditors statutory demand on a company where you are a director
Recovering debts from a company as a director can be a complicated process that needs to be carefully considered.
Australia
9 Mar 2019
8
Liquidators recover unfair preference payments from retention of title secured creditor
This case is a good illustration of what creditors and liquidators should consider when it comes to preference payments.
Australia
22 Jun 2018
9
Creditor defeats unfair preference claim by liquidator
It is prudent to be circumspect in your written communications because a liquidator may try to use them against you.
Australia
8 Jun 2018
10
Property pitfalls: when it is unreasonable for a body corporate to refuse a motion?
Article discusses power of adjudicator to make orders resolving disputes in community title schemes.
Australia
30 May 2018
11
Setting aside a statutory demand on conditions: a double-edged sword?
Article reminds us that the court has the power to set aside the statutory demand on conditions.
Australia
8 May 2018
12
Insolvency insights: Using the section 553C set-off to reduce unfair preference claims
A claim for set-off is not available if, at the time of giving credit to the company, the person knew of the insolvency.
Australia
25 Apr 2018
13
Dispute resolution agenda: accessing company information
Legal mechanisms are available to access company information where misconduct is suspected and the company is refusing access.
Australia
6 Feb 2018
14
Your FOS (Financial Ombudsman Services) toolkit (December 2017)
This article discusses cases regarding a repossessed commercial vehicle and increasing a credit card limit for gambling.
Australia
21 Dec 2017
15
s588 Corporations Act: Unfair preferences – creditors defence of not suspecting insolvency.
When a liquidator demands payment for an alleged unfair preference, the creditor does not always need to pay up.
Australia
20 Dec 2017
16
Your Financial Ombudsman Services toolkit – listing defaults, hardship applications
Discusses cases regarding listing a default with credit reporting agencies and hardship applications – superannuation.
Australia
6 Dec 2017
17
Pitfalls of instalment land contracts in Queensland: can the purchaser refuse to settle?
Vendors to land sale contracts in Queensland should be aware of conditions that could result in an instalment contract.
Australia
25 Nov 2017
18
Unconditional bank guarantees: like cash in the bank. But not always …
When negotiating any contract, you must carefully consider the wording of any terms relating to a bank guarantee.
Australia
20 Oct 2017
19
Insolvency insights: Ipso facto clauses – is there still time to ramp up your contract so you can terminate for insolvency events?
Commercial contract managers should review all existing contracts now, to protect their legitimate commercial interests.
Australia
16 Oct 2017
20
Lenders beware – will you be able to prove service of your default notices?
A lender must comply with the terms of its loan agreement and mortgage before commencing legal proceedings.
Australia
29 Sep 2017
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