Employers Liability Newsletter - July 2018
- Published 19.07.2018
Employers Liability Newsletter - July 2018
Legal developments concerning residential off the plan sunset date clauses
- Published 17.07.2018
Summary
Since November 2015, amendments to the Conveyancing Act 1919 (NSW) have been in place which qualify a vendor’s ability to rescind contracts for residential off the plan property after the expiry of their “sunset” deadlines.
The amendments have now had time to mature and with several judgements that have since been handed down, it is apparent that the changes have had their intended effect.
Published | krystal prasad
TurksLegal is pleased to announce the appointment of a new partner and three senior associates as of 1 July 2018.
These individuals have shown enormous talent, not only as legal specialists, but also as ambassadors for our firm.
We also thank our valued clients, for giving our teams the opportunity to shine.
Partner
Ratnadeep (Dip) Hor, Partner, Commercial Disputes & Transactions, Sydney
The Wayne Tank Principle, more than one cause, the wording of exclusion clauses and flooding
- Published 04.07.2018
Wiesac Pty Ltd v Insurance Australia Limited [2018] QSC 123
‘Are we there yet?’
- Published 29.06.2018
The intersection of trust law and statutory insolvency regimes continues to tantalise but the prospect of the settlement of principles now appears closer.
Equitable Lien: Think before you leap when dealing with third party property
- Published 26.06.2018
Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63
Summary
In the recent decision of White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63, the Federal Court considered the circumstances in which an equitable lien can arise when a person, such as an administrator, uses his or her time and energy to care, preserve and realise property that is not property of the company.
The Facts
Compulsory Farm Debt Mediation on its way to South Australia
- Published 19.06.2018
South Australia currently has a voluntary farm debt mediation scheme (the SA Farm Finance Strategy), however there has been a push to protect farmers rights and the Farm Debt Mediation Bill 2018 (SA) (2018 Bill) has recently been introduced to State Parliament.
Employers Liability Newsletter - June 2018
- Published 14.06.2018
Employers Liability Newsletter - June 2018
What a Nuisance! – Court refuses to consider claim against Statutory Body for nuisance without negligence
- Published 06.06.2018
Weber v Greater Hume Shire Council [2018] NSWSC 667
Liquidators beware: creditors may rely on set-off in unfair preference claims
- Published 30.05.2018
Summary
The use of the set off defence has drawn plenty of heated criticism from the legal and insolvency community for a number of reasons.
It is argued by critics that the necessary element of mutuality, that is an essential requirement for the application of section 553C Corporations Act 2001 (Cth) (the Act), is lacking.1