The article discusses a case involving the Liquidator of Tempo Holidays and Berkley Insurance Australia. The plaintiffs alleged a breach of the director's duties by Mr Tully led to unsecured loans to the Global Treasury Arrangement (GTA) that were not repaid. The court found that the plaintiffs failed to prove the alleged breaches of duty by Tully or that any breach caused Tempo to suffer loss. Importantly the court also found that Tempo breached its duty of disclosure by not disclosing information which indicated it parlous financial state.

A recent ruling by the NSW Supreme Court shed light on the challenges associated with relying on a limitations defence in a case where a claimant suffered injuries from a ladder collapse at a residential property.

In early 2023, the Australian Competition and Consumer Commission (ACCC) conducted an internet sweep of influencers who were promoting and advertising products on social media. In December 2023, the ACCC released their findings, determining and identifying deceptive marketing practices used across the digital economy. 

The case of Australian Securities and Investment Commission (ASIC) v Auto & General Insurance Company Ltd [2024] FCA 272 holds significant importance as it marks the first instance of the Federal Court applying the new unfair contract terms in the Australian Securities and Investments Commission Act 2001 (ASIC Act) to insurance contracts. 

A labour hire provider in NSW was recently ordered to pay a fine of $82,500 after one of its workers sustained injuries at a client's worksite. This article contains a summary of the case, including a summary of the duties owed by employers to their workers under the WHS Act. The case highlights the need for employers to work closely with workers, clients and other duty holders under the WHS Act to eliminate or respond to workplace risks. 

Is the lodgement of a caveat over the real estate of a director or a director's spouse prohibited by operation of section 440J of the Corporations Act?

Section 440J of the Corporations Act provides that during a company's voluntary administration, a personal guarantee cannot be enforced against a director's spouse or relative. This provision is well-known to insolvency practitioners and essentially provides a moratorium so that a director and the director’s family members are protected from enforcing personal guarantees while the administration process plays out. 

The recent passage of the Federal Government’s Closing the Loopholes Bill (No. 2) introduced significant and controversial reforms, including the 'right to disconnect'. This article addresses what is the right to disconnect and what are the expectations. 

Fixtures refer to items that transition from being personal property (a chattel) to becoming part of the real property through attachment. This distinction is critical for anyone buying or selling property, as it influences rights and expectations. In this article, we aim to clarify the concept of fixtures, providing valuable insights for those navigating the complexities of property law. 

Lenders typically secure loans by way of a mortgage over real property or as a security interest over a borrower’s or guarantor’s personal property, including personal, business or company assets.

This article provides a guide on the operation of mortgages and security interests and highlights key differences that Lender’s should consider.

Company title is a term used to describe a conventional property title that is held by a company.  The shareholders of the company have a right to occupy a part of the building or land in accordance with the constitution of the company.  The company is the registered proprietor of the land. “Is it a good idea for me to buy a company title property?”.