Is reproducing building plans an infringement of copyright?

Is reproducing building plans an infringement of copyright?

The Supreme Court of Queensland answered this question in the authority of Coles v Dormer & Ors [2015] QSC 224. There, the defendants were held to have substantially copied plans used to...

Determining the value of security interests – a timely reminder on unfair preference claims

The recent authority of Trenfield & Ors v HAG Import Corporation (Australia) Pty Ltd [2018] QDC 107 called numerous points in relation to unfair preference claims into contention including...

Ipso Facto and Safe Harbour Recent Changes

Ipso Facto and Safe Harbour: Recent Changes

The recent introduction of the safe harbour amendments to the Corporations Act and the newly implemented ipso facto exclusions (effective as of 1 July 2018) have been touted as a means of assisting...

Collecting and Pursuing Statute-Barred Debt

In Queensland, the Limitation of Actions Act 1974 (Qld) (the LAA) governs the time frames bestowed upon creditors in which they can commence actions to recover monies owed pursuant to a contract. A...

Is a Landlord’s claim against a Company under administration extinguished by a Deed of Company Arrangement (DOCA)?

Traditionally, a DOCA extinguishes all claims that existed at the time when a company was placed into administration. This is governed by the Corporations Act 2001 (Cth) (the Act). Section 444D(1) of...

6 Things To Consider Before Litigation

The Importance of Updating a Will

After preparing a will it is important that the testator does not have a “set-and-forget” approach to the document, or indeed their wider estate plan.  Circumstances change over time: potential...

Misrepresentations in Business Sale Agreements

The recent case of Shah v Hagemarad [2018] FCA 91, case concerned the sale of Subway franchise for $460,000 where the seller made certain representations to the buyer as to the average weekly and...

Use of SMSFs as Investment Structures

Self-Managed Super Funds (SMSFs) are increasing in popularity as retirement savings structures. Investors often choose to set up SMSFs instead of using retail super funds because they prefer to have...

Breaking News – Building Construction Law Update – New Security of Payment Commencement Date Announced

The Queensland Government has announced a timeframe for the implementation of the new security of payment regime under the Building Industry Fairness (Security of Payment) Act 2017 (“the BIF Act”)...