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Searching Content by Rocco Russo from Cooper Grace Ward ordered by Published Date Descending.
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1
Legal liability for combustible cladding: have you assessed your risk?
Stakeholders should consider any potential liability implications of combustible cladding in their buildings or projects.
Australia
6 Jul 2019
2
Defamation: A business can be liable for defamatory comments on its Facebook page
The companies did 'publish' the comments, in that they provided the opportunity for the comments on their Facebook page.
Australia
3 Jul 2019
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
High Court of Australia dismisses application by builder to appeal QBCC insurance payout
Builders should now ensure that they challenge any adverse QBCC decisions before the QBCC makes an insurance payout.
Australia
19 Jan 2018
14
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
15
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
16
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
17
Builder dispute options limited following QBCC insurance payout
After the QBCC pays out under a homeowner's insurance policy, a builder has limited grounds to contest a QBCC recovery.
Australia
8 Sep 2017
18
Dispute Resolution Agenda: Breach of confidence actions
In addition to contractual remedies, breach of confidence may be a claim available to protect confidential information.
Australia
4 Sep 2017
19
Farm debt disputes in Queensland – new Act creates pitfalls for lenders
Mortgagees must offer mediation before commencing any enforcement action to recover outstanding farm business debts.
Australia
29 May 2017
20
PPSA update: PPS Bill to extend PPS Lease from one year to two years passed by Parliament
The PPS Bill that proposed amendments to the meaning of a 'PPS Lease' in the PPSA has been passed.
Australia
21 May 2017
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