Bankruptcy and the Family Home
When a person becomes bankrupt one of the most common concerns they have is whether they will lose their family home. If the home is owned in the name of…
Insolvency Lawyer Sydney – a Case in Point
Introduction The Court has power to grant relief from a contravention of a civil penalty provision under s 1317S of the Corporation Act 2001 (Cth) (the Act) if, in “eligible proceedings” brought against…
Recent Case Pets in Strata
On 19 May 2023, Mr Smith* made an application to the Owners Corporation of his strata complex for approval to keep his pets, two dogs and a bird, in his…
Planning Your Estate – Don’t Leave It Too Late
All too often, people tend to leave their estate planning until it is too late. Carefully and thoughtfully preparing your estate administration is more than a formality, it gives you (and…
Why Engage a Commercial Lease Lawyer?
A commercial lease is an agreement between a landlord and a tenant for the lease of commercial premises. Whether you are a tenant or a landlord, knowing your rights and…
Appointment of a Compulsory Strata Manager
An owners corporation can decide to engage a strata manager to assist with the running of a strata scheme; however, if an owners corporation is not functioning satisfactorily, a strata…
Recent Case Concerning a Group of Family Companies and Trusts
The Supreme Court decision in Mir v Mir [2023] NSWSC 408 is an example of a very common scenario seen by commercial litigation lawyers: a family dispute concerning a group…
Derivative Leave or Oppression? Cooke v Denovan [2023] QSC 93
Cooke v Denovan [2023] QSC 93 A recent decision of the Supreme Court of Queensland shows how the Court considers applications for leave to bring proceedings on behalf of a…
Shareholder Disputes – You May Require Commercial Litigation Lawyers
A common remedy sought by minority shareholders in oppression proceedings is a buy-out order requiring the majority to purchase the minority’s shares. Bridging Capital Holdings Pty Ltd V Self Directed…
Gift or Loan; Part 2 – Case Study: Woodhouse v Woodhouse [2022] NSWCA 240
Background: The appellant and her now deceased husband owned three properties on which they conducted farming operations. In 2010, one of those properties was transferred to their eldest adult son,…