Tag: Commercial Dispute Resolution
New privacy principles impact small business
6-December-2014 Commercial Disputes By Mark Streeter“Privacy is not something that I'm merely entitled to, it's an absolute prerequisite.” – Marlon Brando In 2013, 13 Australian Privacy Principles (APPs) were enacted through the Privacy Amendment (Enhancing Privacy protection) Act 2012. These APPs...
Drivers face hefty fines for parking illegally in disabled car spaces
3-December-2014 General By Mark StreeterFrom 1 December 2014, anyone caught parking in a disabled car park without holding a valid mobility parking sticker will not only get a $519 fine – the highest fine for this offence in the country – they will also receive a demerit point...
Landlords entitled to disclaim leases in insolvency cases
5-May-2014 Fraud and Insolvency,Commercial Disputes By Mark StreeterIn December 2013, the High Court confirmed that a liquidator of a corporate landlord may disclaim a lease that the company had granted to a tenant, leaving the tenant to prove they have suffered loss in the winding up. Broadly speaking, it is common...
Blackmail cases on rise
30-January-2014 Fraud and Insolvency By Mark StreeterThe Streeterlaw Fraud Department had a surge of extortion/blackmail cases in 2013. One of these cases involved a victim receiving threats from an anonymous source, whereby private and intimate information was to be “withheld” by an anonymous...
Keep your tweets sweet
10-September-2013 Commercial Disputes By Mark StreeterBusiness owners should ensure they are aware of the risks associated with using social media and engaging with consumers or potential clients in this way before they start tweeting and posting online. In the eyes of the law, social media is...
Directors need to learn from James Hardie case
5-June-2013 Fraud and Insolvency By Mark StreeterThe James Hardie proceedings in the NSW Court of Appeal last November saw penalties imposed against the company's former non-executive directors and former company secretary and general counsel for their roles in providing the market with...
Company creditor managers wrestle with PPS Register
7-May-2013 Commercial Disputes By Mark StreeterThe Personal Property and Securities Act is causing many sleepless nights for credit managers wondering if they have acquired sufficient security in exchange for extending credit. The introduction of the Personal Properties Security Register more than...
Watch out for insolvent debtors
29-April-2013 Commercial Disputes By Mark StreeterIf you suspect a company you are trading with may be insolvent, it is important you be wary of receiving any payments from that company. If a company is insolvent, any payment you receive could be reversed by the Liquidator as a "preference" at a later...
Take cautious approach to ACCC voluntary interviews
26-April-2013 Fraud and Insolvency By Mark StreeterIf you are the director of a company, The Australian Competition and Consumer Commission (ACCC) may at some point request you attend a “voluntary interview”. If a breach of what was known as the Trade Practices Act is alleged, the ACCC now has a...
Issuing a bankruptcy notice to an individual
8-March-2013 Fraud and Insolvency By Mark StreeterIf the judgment debt is for a substantial amount and the debtor is an individual, the creditor is entitled to enter a Bankruptcy Notice against the debtor. At present, a Bankruptcy Notice can be issued for any debt over $5,000. It is issued by...