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What kind of documents can a liquidator access and from whom?
A Federal Court decision has examined the power to compel a related entity of a company in liquidation to produce documents. The Court’s ruling has implications for the scope of examinable affairs and the documents sought. Find out more about the implications of this decision.
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Restraint of trade clauses & commercial contracts
This article examines a Court decision that tested the enforceability of a 10-year restraint of trade clause in a commercial contract. Find out what the Court decided and the implications for the parties involved.
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Understanding the legal relationship of agency
Understand the legal relationship of agency and the extent of authority involved. This article explores actual and ostensible authority, rights and obligations of Agent and Principal, and liability for the Agent’s actions.
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Unfair preference payments & third-party payments
A third-party payment to a creditor may be subject to clawback if it is deemed preferential. Learn how to protect yourself from such a claim and explore the different scenarios in which it may occur.
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Consequences of litigation inaction in QLD courts
Find out the consequences of not taking action in a Queensland Court litigation, and learn what to consider when applying for an order to advance or defend against a stale matter.
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Diversion of the corporate opportunity doctrine
Directors have a legal responsibility to act in the best interests of the company and its shareholders. This article explores how Directors can pursue opportunities for personal gain without breaching their duties, as well as other related topics such as directors’ duties and liabilities.
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Safe Harbour protects proactive Directors not merely ‘living in hope’
From 1 July 2018, directors of financially challenged companies have a defence against breaching Section 588G(2) of the Corporations Act 2001 (Cth). However, directors must take proactive steps to assess the financial position and implement a rescue strategy when first suspecting insolvency.
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Non-compliance with QLD Building and Construction Commission Act 1991
Contracts for domestic building work valued above $20,000 must be in writing and signed under the Queensland Building and Construction Commission Act (Qld) 1991 (QBCC Act) – find out what the implications are for not doing so.
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Calculating losses from a contract breach
Assessing damages from a breach of contract is complex. This article outlines the general aspects of a breach and the principles for assessing damages. Learn how to quantify losses and ensure fair compensation.
