Publications

Date Title Author Practice Area
01 Mar 2017

Off-the-Plan Contracts: 'Take It or Leave It'?

 

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Roger Mattar Property
22 Feb 2017

The Court of Appeal clarifies the meaning of fixtures under the PPSA – Financiers take note

The Personal Property Securities Act 2009 (Cth) (PPSA) does not regulate interests in land or fixtures, which are traditionally regarded as forming...

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David Murray-Nobbs Banking, Finance & Property
07 Feb 2017

PPSA Update – Registration against company ABN instead of ACN – A seriously misleading defect in registration

The Personal Property Securities Act 2009 (Cth) (PPSA) has posed many challenges for financiers and lessors...

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David Murray-Nobbs Banking, Finance & Property
21 Dec 2016

Court awards former Manly Warringah Sea Eagles player damages over unfulfilled contract

Kemp Strang acted for Jordan Latham who has been awarded damages in his contractual dispute with Manly Warringah Sea Eagles.

On 20 December 2016, the Court delivered...

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Dispute Resolution & Insolvency
14 Dec 2016

Supreme Court summarily dismisses Promissory Note defences and claims

Summary

Mr and Mrs Evans alleged that they had repaid a debt owed by them to ANZ by way of a Promissory Note. Mr and Mrs Evans further alleged that as...

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Dispute Resolution & Insolvency
07 Dec 2016

Kemp Strang acts for ANZ in successfully overturning decision on Bank Guarantees in High Court

Today the High Court delivered judgment in Simic v New South Wales Land and Housing Corporation [2016] HCA 47.

Kemp Strang has acted for ANZ during the course...

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Dispute Resolution & Insolvency
07 Dec 2016

Retail shop lease reform is here

The long-awaited changes to the Retail Shop Leases Act 1994 (Qld) came into effect on 25 November 2016 after a six month preparation period following the passing of...

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Michael Mayes Banking, Finance & Property
07 Dec 2016

Do I need a Shareholder's Agreement? Lessons from a burger bun fight

Putting in place a Shareholders' Agreement when you start a business can significantly reduce the risk of costly disputes between business partners, as the recent case between...

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Sarah Johnson Corporate Advisory
29 Nov 2016

Tis' the Season – Is there a case for Seasonally Adjusted Covenants?

Snapshot

Tis' the festive season and retailers everywhere are breathing a collective sigh of relief that registers are ringing out loudly again across the town. It...

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Banking, Finance & Property
06 Oct 2016

Court sets the bar for a genuine dispute and offsetting claim

Summary

In the recent case of Brandon Industries (VIC) Pty Ltd v V Locker Pty Ltd [2016] VSC 373, the respondent successfully opposed an application to set...

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Phil Kaunitz Dispute Resolution & Insolvency
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