News

Assignment of warranties: you can’t have your cake and eat it too

In the recent case of Langbein v Mottershead Investments Pty Ltd (No 3) [2020] FCA 1790, the Federal Court of Australia considered an appeal from Mr Langbein from the matter Mottershead Investments Pty Ltd v Aircraft Support Industries Engineering Pty Ltd (in liq) [2019] FCCA 1375 regarding issues of valid consideration and an assignment of warranty.

Is it a Lease or a Licence? – What does that mean for a landlord with a defaulting occupant?

As the reality of the COVID-19 pandemic hits the commercial sector, there has been an increase of businesses challenging the legal arrangements under which they occupy premises. Often their inability to pay rent forms the basis of a dispute. Such a dispute arose in the recent VCAT decision of Sumbul Holdings Pty Ltd v LDZ Pty Ltd (Building and Property) [2020] VCAT 1272 where an occupant butcher who had fallen into arrears, challenged the nature of their occupation with a view of obtaining relief.

A Warning to Company Directors: Discharge from Personal Bankruptcy will not Necessarily Absolve Liabilities for Insolvent Trading

In the recent case of Taylor (liquidator) v Trustee, bankrupt estate of Heading, in the matter of Heading [2020] FCA 1450, the Federal Court considered the circumstances in which leave will be granted for an insolvent trading action against a company director who has previously been released from debts provable in bankruptcy.

ASIC Proceedings Against Insolvency Practitioner for Illegal Phoenix Activity

In a recent decision of the Federal Court, ASIC v Bettles [2020] FCA 1568, the Australian Securities and Investments Commission hit a road bump in its claim that Worrells partner Jason Bettles (Mr Bettles) aided and abetted illegal phoenix activity in 2016. ASIC’s pleadings being struck out as ‘incoherent’ is a victory for Mr Bettles, but the proceedings are far from over.