Blog
Nov 27, 2020, 1:15 PM
Most cases settle. Generally a deed of release is the best way to wrap up a dispute. Read our article to find out what goes into a deed of release.
Sep 4, 2020, 11:37 AM
Some transactions with an insolvent company can be "attacked" by a liquidator. If the liquidator goes to court and succeeds on the claim then the recipient of the "benefit" may need to repay the benefit(s) or perhaps pay compensation to the liquidator. These transactions are known as voidable transactions.
Sep 2, 2020, 11:49 AM
Directors have the power to manage a company. If directors' duties did not exist then members would be able to very little if directors engaged in self dealing or otherwise managed the company inappropriately. Find out more about the duties of directors and what happens if the obligations are breached.
Aug 31, 2020, 9:35 AM
Shareholder oppression is typically conduct by the majority of the members that is contrary to the interests of members as a whole. Minority shareholders obviously cannot control the board of directors so may need to look at other options to protect their rights such as oppression proceedings.
Jul 19, 2020, 2:13 PM
A recipient of a statutory demand generally has 21 days to set it aside. During Covid-19, a longer and temporary period applies so that there will be 6 months to set it aside. Acting quickly is key otherwise the failure to respond can be used to prove the debtor company is insolvent
Jan 17, 2018, 8:45 AM
In the primary proceedings, before Black J, Creata unsuccessfully applied to set aside a statutory demand from Faull under section 459G of the Corporations Legislation. The appeal concerned the question of whether statutory demand should have been set aside.
Sep 22, 2017, 10:00 AM
In the battle between accountants and lawyers one seeks to set up business structures for business owners that reduce the risk of liability whilst the other seeks to make the structures and in some cases their owners liable.
Sep 19, 2017, 9:42 AM
Business disputes come in all shapes and sizes.
Apr 13, 2017, 12:15 PM
When a party to a lawsuit considers the other side to be a "crook" or someone "fraudulent" so that there is absolutely no trust then settlement is unlikely. In fact it is best that in lawsuits where the trust between the parties is nil that a judgement is obtained from the court.
Apr 6, 2017, 2:15 PM
Being on the receiving end of a letter of demand can be an alarming surprise. Astute lawyers will carefully consider the demand to advise you of your options ranging from the entity being sued, to whether there are underlying rights that support the claims made. To find out more contact us to learn about your options.
