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Commercial Litigation
The Queensland Home Warranty Scheme – recent decisions
The Queensland Building Services Authority is obliged to ensure the Home Warranty Scheme established by the Queensland Building Services Authority Act 1991 (QBSA Act) is managed with sustainable principles so that amounts paid into the insurance fund will be sufficient to satisfy amounts paid out. Sections 71(1) and 111C(6) of the Queensland > Read More
Top Priority – A Recent Decision of the Federal Court of Appeal
From their roots in the twelfth and thirteenth centuries, mortgages have been, and remain, an important means of capital raising for individuals and companies alike. The protection offered by a registered mortgage, and the right to a priority payment upon the liquidation of the secured asset above unsecured creditors, is accepted as > Read More
Queensland Government withdraws glassing notice
In October 2009 the Queensland Government introduced legislation that allowed the Chief Executive of the Department of Employment, Economic Development and Innovation that administers the Liquor Act to deem licensed venues as ‘high risk’ if they had any incidents of ‘glassing’ within the previous 12 months. This legislation was introduced to attempt > Read More
QCAT – a milestone for the Queensland Civil Justice System
Queensland is making a historical landmark and comprehensive reform in its civil justice system by introducing the Queensland Civil and Administrative Tribunal (QCAT) as of 1 December 2009. This reform is instituted by amalgamating the functions of 23 tribunals and other statutory bodies into one single tribunal called QCAT.The reforms come after > Read More
Are you considering buying a used car? Then consider this.
We recently acted for a client, who bought a commercial truck from the licensed motor dealer and discovered after 6 months that the truck had been water damaged and badly defective. In the last 12 months many states were hit by bad weather and flooding. Many private car owners as well as > Read More
Online Businesses – What Must Be Done When You’ve Been Hacked?
In 2008, the Australian Law Reform Commission published a report on Australia’s privacy legislation and recommended, amongst other things, that amendments should be made to establish a mandatory notification regime for organisations subject to possible breaches. The Privacy Act 1988 (Cth) as it currently stands does not require notification for data breaches. > Read More
Attacking trust assets
You appoint a trustee in bankruptcy and you find that the bankrupt was the trustee of a discretionary trust. What issues need to be considered? Can the Trust assets be attacked? Indemnity A trustee is liable for the debts of the trust, that it has incurred for and on behalf of the > Read More
