Stay up to date and receive our latest insights directly to your inboxSubscribe Now

Filter by
Blog

How to protect yourself against Construction Company insolvencies.

Entering into a contract to build a new home for a fixed price would seem, at least on the surface, to be the easiest and most stress-free way to get yourself a brand-new home...  
Blog

Recent developments to mandatory examinations: Things you should know.

Under section 596A of the Corporations Act 2001 (Cth), an eligible applicant can apply to the Court and the Court can, in turn, summon an officer of a company under external administration for examination about the company’s affairs.
Blog

Company fails to set aside creditor’s statutory demand for payment of debt when application filed late

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
Blog

Did you really pay? Who is liable for payment in an invoice redirection scam?

According to the ACCC, Australian businesses lost over $132 million to business email compromise scams in 2019. One example is the invoice redirection scam, which can involve a fraudster hacking into the system of the supplier or intercepting emails and sending altered invoices to customers with different banking details. Payments made to these accounts are likely never recoverable. With work becoming increasingly digital, it is imperative for businesses to protect themselves and their customers from such scams.
Blog

‘When was the payment claim served?’ - An expensive lesson in properly serving documents

The Building and Construction Industry Security of Payments Act1999 (The Act) is a relatively short Act that has created more than its fair share of litigation since its introduction.
Blog

Company fails to avoid liquidation by appointing last minute administrators

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
Blog

Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Since the introduction of the proportionate liability regime in the Civil Liability Act 2002 (NSW) over 15 years ago, there has been a series of cases which have contributed to how the regime operates, including in the High Court of Australia decision of Hunt & Hunt Lawyers v Mitchell Nominees[2013] HCA 10.
Blog

NCAT has jurisdiction to deal with disputes where a party temporarily moves outside of New South Wales

The appellant, Ms Anagnostou and the respondent, Ms Leo were parties to a residential tenancy agreement under the Residential Tenancies Act 2010 (NSW) (‘Agreement’).
Blog

Compliance is essential for winding up applications during COVID

Late in 2020, In the matter of Ryals Hotels Pty Ltd [2020] NSWSC 1906, the Supreme Court of New South Wales was required to examine various restrictions brought into support businesses through the COVID period and what impact they had on an application by a landlord to wind up a commercial tenant.
Blog

Landlord’s attempt to avoid COVID restrictions for commercial tenant a costly exercise

During 2020, as part of the National Cabinet’s response to COVID-19, a number of measures were put in place to assist businesses to continue to trade including:
Blog

NSW Court of Appeal considers evidence of value for Quantum Meruit claims

On 2 December 2020, the Supreme Court of NSW – Court of Appeal, delivered judgment in the matter of Roude v Helwani [2020] NSWCA 310 and, in a decision that is important to the ability of builders and contractors to pursue claims over amounts in smaller jurisdictions, the Court of Appeal has confirmed that it is not necessary to incur the costs of obtaining an expensive independent expert report in order to succeed in a claim in quantum meruit.
Blog

Being broke won't avoid a costs order

The High Court of Australia recently allowed an appeal from the Court of Appeal of the Supreme Court of the Northern Territory. The decision confirmed that normally costs follow the event and held that impecuniosity of the unsuccessful party is not a basis to change that.  
Blog

Digital Defamation and the ‘public document’ defence – A tale of Nyoni

In order to succeed in a defamation action, a plaintiff must demonstrate that the ‘defamatory’ material was ‘published’. In a digital context, if ‘defamatory’ material is placed on the internet, for example on webpages or social media platforms, 'publication' for the purposes of defamation will occur once that material is downloaded, read and comprehended by any users.
Blog

Can a solicitor’s lien preserve a statute-barred action?

Solicitors have long been entitled to assert a lien over a client’s property where the property is held as security, until the client has paid the solicitor’s fees and disbursements.
Blog

New ‘ipso facto’ amendments provide a stay on the enforcement of insolvency termination clauses in certain circumstances

Ipso Facto Clause changes will come into effect for all contracts entered into after 1 July 2018.
  •  
  • 1
  • 2
  •  

Subscribe to Our Blog

Keeping you connected, Hicksons regularly publishes articles to keep you up to date on the latest developments. To receive these updates via email, please subscribe below and indicate which areas of law you would like to receive information on.

Top