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Get out of (Liability) Gaol Free under section 447A

By Jacob Reardon a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.

Section 447A of the Corporations Act 2001 (Cth) (“the Act”) enables the Court to make such orders as it thinks appropriate as to the operation of Part 5.3A of the Act. Since its introduction, the Courts have adopted an expansive construction of the provision and have liberally applied the power in a variety of contexts. Accordingly, the provision has become something of a panacea for multiple ills in the context of voluntary administration and has been used in various instances among others to: [...]  READ MORE →

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But I thought we had an agreement!!

By Jeffrey Brown, Principal at Matthews Folbigg Lawyers

The recent judgment in the matter of Hunter Distillery Pty Ltd ([2022] NSWSC 948) is a timely reminder that, when it comes to settling litigation, finality is the key.

In this case, the parties (we’ll them Party A and Party B) had been attempting to resolve disputes arising out of a joint venture to operate a vodka, gin and schnapps distillery. There had been a number of offers and counter offers back and forth between the parties until, on 20 December 2021, an email was sent from Party A’s solicitor to Party B’s solicitor which contained the words: [...]  READ MORE →

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NSW Supreme Court – When are executed lease documents binding

The recent NSW Supreme Court case of Thorn Australia Pty Ltd v Centuria Property Funds Ltd [2021] NSWSC 1271 highlights the necessity for caution and diligence when executing and exchanging deeds, especially in property matters.

The Court was asked to determine whether a prospective lessee who had signed and delivered deeds to a lessor was bound by the deeds. The Court found that although the lessee executed the deeds, provided a bank guarantee, made arrangements regarding access and making further payments, it was held that the lessee did not objectively manifest an intention to be immediately bound by the deeds. [...]  READ MORE →

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Resolving Issues with Local Councils

It is not uncommon for issues to arise between local councils and the residents or businesses who make up the local government area.  We have outlined a general process of dispute resolution that can be followed if such an issue were to arise.

Dispute Resolution Steps

Step One

The first step that should be taken in trying to resolve a dispute with a Local Council is to approach Council directly.  This is because Councils are autonomous bodies with rights and powers under law.  As such, many problems are able to be resolved directly with the Local Councils. [...]  READ MORE →