Dispute Resolution & Insolvency

Wills: Greedy v Needy

July 4, 2018

Dissecting Decisions: Swanson v Reis [2018] SASC 20 An Inheritance (Family Provision) claim has been dismissed on the first limb for the first...

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Set-off Defence Gains Ground in Unfair Preference Claims

July 4, 2018

Is Morton v Rexel Electrical Supplies Pty Ltd [2015] QDC 49 (Rexel) gaining ground across Australia? In 2015, Queensland District Court Judge Searles...

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Contract Termination for Insolvency – Not Anymore!

July 4, 2018

So you think that you have the right to terminate a contract if the other side is insolvent? Maybe not as of 1...

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Australian Executor Trustee Ltd v Suncorp Life

November 8, 2017

Arson by Deceased Leads to Claim on Life Insurance Policy Summary In 2008 a house on the outskirts of Renmark in the South...

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Client Profile: The Royal Agricultural & Horticultural Society of SA Inc

October 31, 2017

With the fun, competition and pageantry of the Adelaide Show over for another year, we take a peek behind the scenes at the...

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Succession Law: Tiburzi v Butler [2017] SASCFC 89 (28 July 2017)

October 31, 2017

What seems grossly unjust at first glance, is often more complicated than we think. A tale often told, a father passes away, leaving...

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The Risks of Acting for/as Trustee Companies

October 31, 2017

The trustee has been quoted to be the ‘archetype of a fiduciary’.[1] The trustee and beneficiary relationship is the most traditional fiduciary relationship...

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Copyright Infringement

October 31, 2017

The imitation game: the perils of copying a developer’s code How much pre-existing source code can a software or firmware developer use before...

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Oppression Claims by Minority Shareholders

October 31, 2017

Have you or are you being oppressed? Companies are, more often than not, controlled by a single shareholder or a group of shareholders....

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DW Fox Tucker Partners With one of SA’s Oldest Law Firms

June 22, 2017

If you’ve lived in South Australia for any length of time, you may have heard of Mouldens. Founded in 1851 Mouldens are highly...

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The ‘Stepping Stone’ Doctrine

June 22, 2017

Are Directors Liable for their Company’s Contraventions of the Corporations Act? The ‘stepping stone’ doctrine is the term used to describe an action...

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A Safe Harbour From Insolvent Trading?

June 22, 2017

In late March 2017, draft reform legislation in relation to the Corporations Act 2001 (Cth) (“the Act”) was introduced as part of the...

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When Should “Without Prejudice” Be Used?

June 22, 2017

It’s a common, and often savvy, tool used in negotiations and disputes, however, can marking your correspondence as “without prejudice” actually have the...

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Inheritance Disputes

December 16, 2016

It is an unfortunate, but all too common, scenario that upon the death of a family member – usually a parent – the...

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Solicitor’s Duty of Care

May 26, 2016

“The first thing we do, let’s kill all the lawyers” William Shakespeare (1564-1616). But then who will we have left to sue? It...

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Liquidator’s Beware – Selling Assets of an Insolvent Corporate Trustee

February 15, 2016

Can a liquidator of a Corporate Trustee sell assets previously held in the name of that trustee if the Company is no longer...

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Litigation Funding in Recovery Proceedings

February 15, 2016

A “make work scheme”? Can liquidators pursue preference claims which, in isolation, may do no more than pay for the cost of the...

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A Personally Injured Bankrupt?

February 15, 2016

Does damage to “body, mind and soul” in commercial proceedings amount to “personal injury”? In Garrett v Mildara Blass Limited [2015] SASC 176...

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Strategy is King

September 7, 2015

“If you must be in a hurry, then let it be according to the old adage, and hasten slowly” – Saint Vincent de...

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Grocery Retailers Agree to Self-Regulation

May 31, 2015

The Food and Grocery Code of Conduct In 2013 the Australian Food and Grocery Council (AFGC) and its members commenced engaging in discussions...

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To Err is Human

May 31, 2015

Could lawyers be mere mortals after all? A recent District Court case http://www.austlii.edu.au/au/cases/sa/SADC/2015/66.html has held that expert witnesses are entitled to be paid...

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The Final Report is Out – Where to Now?

May 31, 2015

The Personal Property Securities Act… 3 years on Unless you have been living under a rock, every person in business has probably heard...

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The Employer Strikes Back

May 31, 2015

Taking action against errant employees Most employers who suffer loss as a result of the wrongful actions of an employee take the loss...

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Disputes and Litigation

May 31, 2015

Mitigate your potential exposure I recently, together with DW Fox Tucker colleagues Mark Minarelli and Girish Rao, presented to the Australian Institute of...

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Disputed Progress Payment Claims

May 31, 2015

The processes under the Building and Construction Industry Security of Payment Act 2009 (SA) The Building and Construction Industry Security of Payment Act...

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Share it Fairly but don’t Take A Slice of My Pie!

May 31, 2015

Consequences of insolvency in the context of claims under the Building and Construction Industry Security of Payment Act 2009 (SA) This has been...

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Calling All Failed “Blockheads” – Building Works Gone Wrong

March 19, 2015

Many of you may have been inspired to build a new house or renovate your existing house/property by television shows such as “The...

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Receivership: Post Appointment Employee Entitlements

March 19, 2015

To pay or not to pay? That is the question What is receivership? Receivership is a form of external administration which may apply...

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False, Misleading Or Deceptive Conduct: The ACCC Widens The Net To Include Directors And Others

July 25, 2013

The Australian Competition and Consumer Commission [ACCC] has announced that it is moving from a focus of compliance review to an enforcement-focus approach...

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Limiting liability

May 19, 2013

What can an administrator do? When voluntary administrations occur it’s not uncommon for administrators to obtain funding for the purpose of paying costs...

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