With the rapidly evolving COVID-19 situation, it can be challenging to keep up with the changes to the South Australian legal system. This...
Relief for Financially Distressed Businesses After acknowledging that measures to slow the spread of coronavirus could cause many otherwise profitable businesses to face...
Dissecting Decisions: Swanson v Reis [2018] SASC 20 An Inheritance (Family Provision) claim has been dismissed on the first limb for the first...
Is Morton v Rexel Electrical Supplies Pty Ltd [2015] QDC 49 (Rexel) gaining ground across Australia? In 2015, Queensland District Court Judge Searles...
So you think that you have the right to terminate a contract if the other side is insolvent? Maybe not as of 1...
Arson by Deceased Leads to Claim on Life Insurance Policy Summary In 2008 a house on the outskirts of Renmark in the South...
With the fun, competition and pageantry of the Adelaide Show over for another year, we take a peek behind the scenes at the...
What seems grossly unjust at first glance, is often more complicated than we think. A tale often told, a father passes away, leaving...
The trustee has been quoted to be the ‘archetype of a fiduciary’.[1] The trustee and beneficiary relationship is the most traditional fiduciary relationship...
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...
Have you or are you being oppressed? Companies are, more often than not, controlled by a single shareholder or a group of shareholders....
If you’ve lived in South Australia for any length of time, you may have heard of Mouldens. Founded in 1851 Mouldens are highly...
Are Directors Liable for their Company’s Contraventions of the Corporations Act? The ‘stepping stone’ doctrine is the term used to describe an action...
In late March 2017, draft reform legislation in relation to the Corporations Act 2001 (Cth) (“the Act”) was introduced as part of the...
It’s a common, and often savvy, tool used in negotiations and disputes, however, can marking your correspondence as “without prejudice” actually have the...
It is an unfortunate, but all too common, scenario that upon the death of a family member – usually a parent – the...
“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...
Can a liquidator of a Corporate Trustee sell assets previously held in the name of that trustee if the Company is no longer...
A “make work scheme”? Can liquidators pursue preference claims which, in isolation, may do no more than pay for the cost of the...
Does damage to “body, mind and soul” in commercial proceedings amount to “personal injury”? In Garrett v Mildara Blass Limited [2015] SASC 176...
“If you must be in a hurry, then let it be according to the old adage, and hasten slowly” – Saint Vincent de...
The Food and Grocery Code of Conduct In 2013 the Australian Food and Grocery Council (AFGC) and its members commenced engaging in discussions...
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...
The Personal Property Securities Act… 3 years on Unless you have been living under a rock, every person in business has probably heard...
Taking action against errant employees Most employers who suffer loss as a result of the wrongful actions of an employee take the loss...
Mitigate your potential exposure I recently, together with DW Fox Tucker colleagues Mark Minarelli and Girish Rao, presented to the Australian Institute of...
The processes under the Building and Construction Industry Security of Payment Act 2009 (SA) The Building and Construction Industry Security of Payment Act...
Consequences of insolvency in the context of claims under the Building and Construction Industry Security of Payment Act 2009 (SA) This has been...
Many of you may have been inspired to build a new house or renovate your existing house/property by television shows such as “The...
To pay or not to pay? That is the question What is receivership? Receivership is a form of external administration which may apply...