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Combustible cladding crisis continues!

Combustible cladding crisis continues! Australia’s combustible cladding crisis continues with the New South Wales Civil and Administrative Tribunal (NCAT) determining that the use of cladding product Biowood in multi-story, residential properties is not compliant with the Building Code of Australia (BCA). In March 2019, the Victorian Civil and Administrative Tribunal handed down the first Australian…

Protecting your children’s inheritance from the reach of the Family Court

Protecting your children’s inheritance The Family Court of Australia’s recent decision in Bernard v Bernard [2019] FamCA 421 demonstrates the benefit of obtaining tailored estate planning advice in order to protect your children’s inheritance.  The case involved proceedings for a property settlement between a husband and wife following their separation.  The wife claimed that the…

Court Clarifies When Trust Property Vests in a Trustee in Bankruptcy

High Court Clarifies When Trust Property Vests in a Trustee in Bankruptcy By Maxim Oppy, Law Clerk and Alicia Hill, Principal, MST Lawyers   In 2019 the courts repeatedly grappled with the complex intersection of insolvency and trust law, culminating in the significant High Court decision of Carter Holt Harvey Woodproducts Australia Pty Ltd v…

Discussion Paper Flags Issues in Insolvency Sector

Discussion Paper Flags Issues in Insolvency Sector By Maxim Oppy, Law Clerk and Alicia Hill, Principal, MST Lawyers   The Australian insolvency sector is again being scrutinised as the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) carries out their Insolvency Practices Inquiry (Inquiry) to investigate insolvency practices in relation to small businesses. The Inquiry…