30 March 2020

Relief proposed for commercial and residential tenants – what can you do?

With the rapidly changing landscape and restrictions being imposed because of the coronavirus, we have been seeing an increase in queries about tenants being unable to pay their lease payments as their businesses are effectively placed into hibernation or as jobs are lost. The Prime Minister of Australia last night announced that, as part of […]

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15 May 2019

When creditor’s statutory demands are defective – lessons to be learned

A creditor’s statutory demand is a mechanism created in the Corporations Act 2001 (“the Act”) for a creditor to serve notice on a company where they have reason to believe the company may be or is insolvent. To be insolvent simply means the company is unable to pay its debts as and when they aredue […]

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13 March 2019

Commercial dispute looming? How to avoid Trump size legal costs

There is no love lost between Donald Trump and his former lawyer Michael Cohen. Their dirty laundry has been aired very publicly indeed – and now so too are the legal costs of being involved in this sort of super heavyweight scrap. This article making front page news is a touch vague, but I have […]

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5 November 2018

Federal Government targeting illegal phoenixing of companies

We have probably all heard of (and some of us will have been impacted by) companies that are unable or unwilling to pay their debts and are placed into liquidation, often leaving creditors with little recourse other than to await the outcome of the liquidation and see if they will receive any or a partial […]

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26 May 2018

Bank of Mum and Dad loans sour

Earlier this week I was contacted by Duncan Hughes from the Australian Financial Review for comment on a topic that we are hearing a lot about in the media, namely “children accessing  the Bank of Mum & Dad” – the article published this morning is here. As lawyers we see this issue arising on a regular […]

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6 February 2018

How to go about challenging a Will and what to consider

Contesting a Will has a number of names: challenging a Will, estate litigation, making a claim under the Family Provision legislation or a Testators Family Maintenance Claim.  Some of these are the same, but within a Will challenge there are many possible types of challenge. The main type of challenge overwhelmingly is a Family Provision […]

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15 December 2017

What is defamation in 2017? The Rayney chronicles.

2017 has been a very interesting year for defamation cases involving public figures. In June we saw Rebel Wilson succeed in a record breaking defamation case against a magazine publisher, Bauer Media, in Victoria over a series of articles that the Hollywood actress claim damaged her career by depicting her as a serial liar. In […]

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26 October 2017

Ignorance no defence when it comes to Directors’ duties

This recent news article is a sad illustration of a person who as a Director of failed company says she was not aware of her duties as a director. Not only did she not know what her duties as a director were (and went on a massive spend up of company funds on her lifestyle) […]

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11 July 2017

Is your Will giving you the right tax advantages?

An important but often overlooked consideration in estate planning are the tax implications that may arise. The decision of the Western Australian Court of Appeal in Caratti v Commissioner of State Revenue [2017] WASCA 128 delivered on 7 July 2017 makes it clear that if a Will is not worded correctly, then it can change […]

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12 April 2017

How to avoid a ‘commercial divorce’ killing your business

How is your business like a marriage? What happens when the business owners decide to part ways or if one business owner is forced to sell their portion of the business due to personal issues? Unfortunately, I see many business owners who have gone into business with a friend on a handshake deal and have […]

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