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Thinking| 15 Oct 2019
Upon being appointed, insolvency practitioners are often faced with existing litigation involving the company or person they have been appointed to. There are a multitude of factors that the practitioner needs to consider in relation to existing litigation. This article ...
Thinking| 30 Jul 2019
The Victorian Civil and Administrative Tribunal has recently handed down the decision of Phillips v Abel [2019] VCAT 1031 which continues the trend of pushing the boundary of what had traditionally been considered ‘retail premises’ for the purposes of the Retail Leases ...
Thinking| 25 Jul 2019
In brief A mortgage-backed loan by a non-bank lender was recently set aside by the Supreme Court of Victoria. The borrower successfully argued that the lender engaged in unconscionable conduct. This was despite the borrower having provided a solicitor’s ...
Thinking| 10 Jul 2019
On 19 June 2019, the High Court delivered its judgment in one of the most hotly anticipated insolvency judgments this year, the Amerind appeal: Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth.1 The High Court unanimously dismissed the appeal, upholding ...
Thinking| 26 Apr 2018
Last week’s High Court decision in Burns v Corbett (2018) HCA 15 is likely to have far-reaching consequences for disputes in the Victorian Civil & Administrative Tribunal (VCAT) where one party resides outside of Victoria. The High Court held that section 75(...