Adapt. Change. Survive. The world is faced with incredibly uncertain and tragic times as a result of the Covid-19/Coronavirus pandemic. This will be a global tragedy as many people have already sadly died or lost their…
Retail shop leases – tenants beware!
In today’s volatile retail environment, it is becoming increasingly common that retailers are finding themselves in financial difficulty and unable to meet their obligations to landlords and suppliers. This is often driven by decreased sales due…
The Good Faith Defence on Preference Claims
A recent decision of the Queensland Court of Appeal provides some insight into the operation of the good faith defence to unfair preference claims. The case is Queensland Quarry Group Pty Ltd (in liq) & Anor…
Challenging the Imposition of a Constructive Trust
In corporate insolvencies, company creditors often try to establish that they are secured creditors to avoid proving in the liquidation along with the company’s unsecured creditors. In the normal course, this will involve the creditors (ahead…
Solid Trading Terms are Essential
The Personal Property Securities Register (“PPSR”) is an essential tool for trading parties to secure debt and shield off any potential claims from Liquidators under the voidable transaction provisions of the Corporations Act 2001 (Cth), in…