Dispute Resolution & Litigation

Toil And Trouble: Assigning A Liquidator’s Cause of Action – Is It A Practical Power Or Just Fancy Wizardry?

Liquidators have a long list of powers and hold a pivotal role in the lifetime of a company – a charmed life, perhaps? The spellbook Corporations Act has always enchanted a liquidator with the ability to deal with company property, including causes of action. Abracadabra, section 477! In the Land of Oz, thanks to [...]

The Paradox of a Bad Debt – Five Fun Facts

It's that time of year (again) when you have to decide whether you should “take the hit" and write-off that bad debt and (subject to complying with ATO requirements) claim a deduction OR keep chasing the debtor. You can do both of course, but often once the debt is off the books and not [...]

Seven Simple Steps to Gear Your Business for Success in 2017

We all start the new year with the usual well-intentioned resolutions (lose weight, get fit, find love…) but after a few weeks (or, sometimes, hours) we are back to our old habits. In 2017, more than any other year, the outlook both nationally and globally is uncertain. Will the Turnbull Government’s one seat majority [...]

Those 5 Circles Are Back…

How quickly these Olympic times come around, with a bagful of new names and new records to match. There are also other "Circles" we should remember if we want a gold medal performance, The 5 C's of Credit. Does your Customer make the team? See if they have the necessary mettle and ask these questions:- [...]

A fair go all round? A practical guide for what to do with the new unfair contract terms regime

On 12 November 2016, a new regime of regulation affecting standard form contracts will be introduced in accordance with the Treasury Legislation Amendment (Small Business & Unfair Contract Terms) Act 2015. This affects the Australian Consumer Law and the Australian Securities & Investments Commission Act 2001. For many of our clients, one of the most visible standard form [...]

Deeds of guarantee — do they require witnessing?

A common question that Clients across all industries ask is... What do I do if the personal guarantee I hold on file has not been witnessed? We recommend to all of our Clients that any personal guarantees are in the form of a Deed. This is because a Deed is a particular type of legal document [...]

Notifying A Guarantor of the Acceptance of the Credit Application & Guarantee

We recently acted for a Client who was pursuing a Guarantor for an unpaid debt, owed by a Company that had since gone into Liquidation. During the hearing, the Defendant (the Guarantor) raised some important issues regarding the procedure used by our Client in obtaining Guarantees and notifying Guarantors of the acceptance of those Guarantees and the [...]

Sign Here – Pen… Meet Paperless

We all knew that the internet would cause profound change in so many areas of our lives. Signing electronically is just one of those many changes with yet more to come. There is a difference between a digital signature and an electronic signature. An electronic signature is often nothing more than a digital image of [...]