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Commercial Dispute Resolution

When disputes arise in business you need to act quickly. Professional dispute resolution lawyers can help you move forward and refocus your business.

Commercial Dispute Resolution Case Studies

Family property dispute signals need for living arrangements to be in writing


A case involving a farmer and his daughter and son-in-law (Milling v Hardie [26 May 2014] NSWCA 163) is a reminder of the need to put property living arrangements, even between family members, in writing. Mr Milling is a farmer who lives in one of several rural properties he owns in central west NSW. In 1992, Mr Milling invited his daughter Mrs Hardie and her husband to move into a homestead on one of the nearby properties. Over the following years, the Hardies carried out various improvements to the homestead and its grounds. They...

Landlords entitled to disclaim leases in insolvency cases


In 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 for the liquidator of an insolvent lesee to repudiate the lessee’s tenancy obligations. It is now clear that a corporate landlord may similarly avoid unfavourable leases to which it is committed, simply by renouncing those leases in liquidation. Streeterlaw Fraud and Insolvency Group...

Company creditor managers wrestle with PPS Register


The 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 a year ago has caused some confusion in the business world, with many companies uncertain about whether their credit is secured. One of the major issues when companies enter external administration is determining the priority rights attached to assets held by the company. Under Pre-PPS laws,...

David beats Goliath using a recorded phone call


Macquarie Bank's recorded phone calls used as evidence against them What would you do if faced with a call on a margin loan of $160,000 from Macquarie Bank and given three working days to pay it? Over the past 12 months this has became a common situation in Australia, and around the world. Last year one investor’s offer to meet the Bank’s call didn’t go exactly as planned and the Bank sold his shares at a substantial loss. However the Federal Court agreed that the investor’s efforts were sufficient to meet the Bank’s call. They...

Motorola dealer causes loss of goodwill in business

Breach of employment contract turns into an expensive lesson for employee When you hire someone to do a job it is natural to expect the employee to do their job and to be loyal to their employer and not help a direct competitor. Failure to do this proved to be an expensive error on the part of the employee. The Facts of Dinte v. Hales & Anor [2009] QSC 63 (25 March 2009) Dinte, the plaintiff in this action, hired Hales and Campbell to provide services to his business trading as Skycomm.  Hales held the position of...

Property developer ends up in Court


Two court cases follow breakdown of a business relationship The first court decision over who was responsible and who was to pay costs was overwritten by the second court decision. Facts behind BATTERHAM v MAKEIG [2010] NSWCA86 (22 April 2010) Makeig, a property development consultant, entered into an agreement with Mr Batterham to provide project management and consultancy advice to assist with rezoning of real estate in the village of Kitchener near Cessnock.  The intention was to prepare the land for development and sell it on...

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