Commercial

Key Takeaways Section 66G of the Conveyancing Act 1919 (NSW) is a powerful mechanism available to co-owners of real properties in NSW with similar provisions provided for in other jurisdictions. Amongst other benefits: section 66G trustees once appointed will be empowered to take control and sell co-owned properties; a section…

Sections 433 and 561 of the Corporations Act 2001 (Cth) provide that employee entitlements owing in a winding up must be paid first from proceeds obtained from dealing with circulating assets even those assets are subject to a circulating security interest. In practice, this requires employee claims to be paid…

The Federal Court decision of ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 3) FCA 132 (Steller Case) examines the principles of construction of a contract…

A review of the submissions to the Treasury The Australian Government has announced its intention to phase out the cheque system by 2030.  The Treasury’s staged plan proposes to cease the issuance of bank cheques by 2025, commercial and government cheques by 2026, and personal cheques by 2027, with complete…

The recent High Court decision of Kramer v Stone HCA 48 is a useful application of the principles of both estoppel by encouragement and estoppel by acquiescence. The following article and case study will provide a brief overview of the key differences between such doctrines. After reading this article may…

What to do when someone won't give back your goods You may have a claim in the tort of detinue if someone holds your goods and that person delays or refuses to give it back to you after you demand the return of your goods. What is the tort of…

In 1939, Winston Churchill famously described Russia as “a riddle, wrapped in a mystery, inside an enigma”. These words can be equally applied to the Australian Tax Office. Emerging from its COVID era forbearances the ATO has announced that it is to be more focused on recoveries and holding errant…