ArticleCorrection: Case Law UpdateThe court affirmed the importance of economic hourly rates when appointing insolvency practitioners.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleA gift or a loan? The right of lenders to change their mindsThis case should provide comfort to parents or other parties who consider assisting individuals to purchase a property.AustraliaFinance and BankingKemp Strang Lawyers
ArticleFarm Debt Mediation Act - Waller v Hargraves Secured Investments Limited - the sequelThe structure of the settlement resulted in new loan agreements, effectively re-financing the original secured debt.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleCourt Of Appeal reduces penalties for former James Hardie non-executive directorsThese penalty Orders supplant the original Orders: banning orders of five years and pecuniary penalty orders of $30,000.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleDisclaimer of real property by trustees in bankruptcy and liquidatorsIncreasingly, trustees in bankruptcy and liquidators are disclaiming property. AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleEmployer falls foul of the Australian Consumer LawThe case demonstrates that employers should be careful with promises and representations made to prospective employees.AustraliaEmployment and HRKemp Strang Lawyers
ArticleEmployer not liable for employee prank causing injuryThe case restates the proposition that an employer is not liable for workplace incidents beyond its reasonable control.AustraliaEmployment and HRKemp Strang Lawyers
ArticleHigh Court says no to Trust and ConfidenceThe implied term of Trust and Confidence should not be accepted as applicable to employment contracts in Australia.AustraliaEmployment and HRKemp Strang Lawyers
ArticleMulti-lender financing in the middleWith smaller cap corporates on significant growth trajectories, multi-lender financing is popular in the middle markets.AustraliaFinance and BankingKemp Strang Lawyers
ArticleNew Zealand LVR restrictions - a lesson for AustraliaAPRA has recently warned that in times of rapid house price appreciation, a bank could "strengthen its LVR constraints".AustraliaFinance and BankingKemp Strang Lawyers
ArticleDisclaimer of real property by trustees in bankruptcy and liquidatorsThe article outlines what is a disclaimer, the effect on a mortgagee, and what can be done to resolve these problems.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleNew South Wales Government delays start date for the abolition of mortgage dutyThe NSW Treasurer announced that the proposed date for the abolition of mortgage duty has been delayed to 01 July 2013.AustraliaTaxKemp Strang Lawyers
ArticleThe prudent solicitor and powers of attorneyIn the Yaktine case, the NSW Supreme Court considered the duties of solicitors when dealing with powers of attorney.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleEmployer can rely on post-termination reason for dismissalThe employer was justified in dismissal from a 'persistent unwillingness' to follow company instructions and procedures.AustraliaEmployment and HRKemp Strang Lawyers
ArticleGood news for employers dealing with sick and injured employeesThree recent decisions represent good news for employers managing employees who are on long term sick leave.AustraliaEmployment and HRKemp Strang Lawyers
ArticleNot talking safety outside the business may prove costly in more ways than oneSafety requires some level of interaction with other businesses who may have an impact on the task or matters at hand.AustraliaEmployment and HRKemp Strang Lawyers
ArticleService as casuals – Not the automatic write-off you thinkCurrently, if you employ casual employees, it is imperative that you review your redundancy and termination procedures.AustraliaEmployment and HRKemp Strang Lawyers
ArticleUnfair Dismissal and non-monetary benefits - what are Earnings?The case considered an employee's "earnings" when determining whether the employee is above the high income threshold.AustraliaEmployment and HRKemp Strang Lawyers
ArticleThreat to Security - Management and Letting Rights (MLR) AgreementsThis case cast serious doubt over the value of security taken by financiers with respect to MLR agreements in Queensland.AustraliaFinance and BankingKemp Strang Lawyers
ArticleUK Insolvency Service announces review of pre-pack administrationsThe outcome of the UK pre-pack administration review will be watched carefully by both Australian advocates and critics.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers