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…
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…
Unfair Contract Laws in Relation 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
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…
Defamation in the New Age
Defamation is the publication or communication of material that contains unsubstantiated facts or allegations which negatively impacts a person’s reputation. A defamatory publication need not be in writing, it is any communication – words, images, even…