What is the Prevention Principle Where one party to a contract (the first party) is in breach of it and that breach in turn causes the other party (the second party) to also be in breach,…
Statutory Demands – What is it, and what do you need to do if you receive one?
In cases of insolvency, a company lacks the capacity to settle its debts promptly when they come due. During such circumstances, creditors of the insolvent company have several options to assert their rights, one of which…
Examination Powers Under Section 81 of the Bankruptcy Act 1966
The Bankruptcy Act 1966 (Cth) provides a comprehensive framework for the administration of bankruptcy in Australia. One of its key provisions, Section 81, grants the Court and the Registrar significant powers to summon individuals for examination…
Does a builder owe a duty of care to subsequent purchasers?
A recent ruling by the Queensland Court of Appeal underscores the narrow conditions under which a builder is obligated to exercise care towards subsequent property purchasers. In the case of Raymond v Lewis [2024] QCA 43,…
Debt Recovery from Deceased Estates
What is a deceased estate? The term ‘deceased estate’ encompasses the entirety of assets, debts, and obligations left by an individual upon their death. If the deceased were owed a debt by someone else at the…