Commercial

As expected: Court finds against unregistered lessor in PPSA fight

The Supreme Court of NSW has decided a PPSA priority contest against the owner of leased…
Tired of Christmas shopping? Queues may soon be a ghost of christmas past …

All I have previously linked to the excellent series of monthly blog posts by James Stewart…
Tips for drafting longer, wider and more effective restraint of trade clauses – Pearson v HRX Holdings Pty Ltd (Full Court, FCA)

There is a well-known principle that a restraint of trade is prima facie void as contrary to…
Affordable Mediation in the Magistrates Court – the SLEM scheme

One of the enduring problems with litigation in the Magistrates Court is that costs are high…
Mediation part II – best and worst case scenarios if there is no deal

Originally posted on Paul Duggan: Mediation approaching? Care for a back-to-basics checklist beforehand? Then look at…
Ten Tips about Mediation

I have recently appeared at about half a dozen mediations for a liquidator regarding very similar…
High Court decision gives broad reading of officeholders’ statutory duty of care and diligence

The High Court delivered judgment today in ASIC’s regarding the directors of James Hardie Industries Ltd…
More online troubles for traditional retail: landlords beware

I wrote a post a month or so ago about the effect of online sales on…
Liquidator’s or Receiver’s lien may be at risk under PPSA in some circumstances

Most commentators, relying on s73 (link) of the Personal Property Securities Act 2009, state that liens…
Bankruptcy Notices can be served by email

One of the first posts on this blog dealt with establishing service of documents by email,…
What effect are online sales having on retail property?

Another question that I pondered over fish and chips at the beach these holidays was the…
China and the Australian Insolvency Market (Updated)

UPDATE: Some evidence of what a (slight) slowdown in urbanising China might have on the Australian…