Costs in the Guardianship Division of NCAT
The general rule is that each party to proceedings in the Tribunal is to pay the party’s own costs. However, the Tribunal may award costs if it is satisfied that…
Who Is Liable for Cgt in the Administration of a Bankrupt Estate?
Where a trustee in bankruptcy sells a CGT asset, formerly owned by a bankrupt individual, in the administration of a bankrupt estate, a long-standing view held by bankruptcy lawyers and…
Whiplash Injuries – Soft Tissue
A soft tissue injury occurs due to trauma to the body when the tissues that connect, support, or surround other structures and organs of the body are damaged. Soft tissue…
A Potential Pitfall for Employers – a Potential Bonus for Employees
It is not uncommon to be confronted with a situation where a senior employee has to have their employment contract terminated for reasons other than misconduct. One of the big questions is…
Case Note: Willmott Growers Group V Willmott Forest Limited, High Court of Australia
In a recent decision of the High Court, the majority 4-1 (Keane J dissenting) confirmed that a liquidator has the power to disclaim leases notwithstanding the rights and interests of…
Validity of a Bankruptcy Notice Served Twice
CASENOTE Godfrey v Weriton Finance Pty Limited [2013] FCA 1057 Although not specifically required under the Bankruptcy Regulations, it is prudent for lawyers to have Bankruptcy Notices served personally. However…