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…
New Partner for Rose Litigation Lawyers
Melissa Inglis has been appointed as a Partner with Rose Litigation Lawyers. Melissa has been with the firm since April 2015 and in that time has worked closely with many of the firm’s clients on significant…
To Suspect or not to Suspect? – 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…
Is your Franchise Agreement fair? A brief analysis of the unfair contract laws as they relate to franchise agreements
It is well established in law that the Court has the power to void terms in contracts (or entire contracts) if they are unfair. This principle has been enshrined in Australian Consumer Law, by virtue of…
Challenging the Imposition of a Constructive Trust on Insolvent Companies
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…