Latest Publications
 |
03/07/09: TURKALERT: Insolvent Tenants
The unsettled economic climate may lead to increased tenant insolvencies. Landlords need to be aware of their rights if an insolvency event occurs and an administrator, receiver or liquidator is appointed to a tenant’s business.
|
|
01/07/09: PAPER: New Rules on Intestacy
New rules on the distribution of intestate estates i.e. where a person has not made a Will, have been passed and are likely to commence from either 1 August or 1 September 2009.
|
|
30/06/09: TURKALERT: Relevant Particulars for Lump Sum Claims
The WCC appeal decision of Walker v Roberts (2009) NSWWCCPD 66 (11 June 2009) provides focus for insurers on the importance of ‘relevant particulars’ and the importance of managing lump sum claims properly at first instance. The decision also confirms that the question of whether or not separate injuries can be aggregated to one WPI, is a legal issue.
|
|
TURKALERT: Remedies for Non-Disclosure under Group Cover
The Insurance Contracts Act 1984 (Cth) (‘the ICA’) makes it clear that where there have been non-disclosures by a proposed member upon joining a scheme, the insurer can utilise the remedies in s29 as though there was an individual contract of insurance with the trustee regarding that member. The insurer can in that way avoid the contract to pay the underwritten cover to the member.
What happens, however, where a member takes out additional units of cover after they joined the fund?
|
|
24/06/09: TURKALERT: Fair Work Act 2009 commences 1 July 2009
Last week on 18 June 2009, the Federal Government finally passed the transitional provisions that are required for the implementation of the Fair Work Act on 1 July 2009. The full implementation of the Fair Work Act will not occur until 1 January 2010 and only three major aspects of the legislation are to take effect from 1 July 2009:
· Start of operations for Fair Work Australia
· Changes to unfair dismissal laws
· Introduction of good faith bargaining
Surprisingly, many of the previous government’s Work Choices reforms have been retained by the Labor government (to the disappointment of unions).
|
|
24/06/09: PAPER: Stamp Duty and Appointment of New Trustees
The Commissioner has released a Revenue Ruling clarifying the circumstances in which the concession under Section 54(3) of the Duties Act 1997 applies when there is a transfer of property consequent upon the retirement or appointment of a new trustee of a trust.
|
|
15/06/09: TURKALERT: Court of Appeal Puts Cart Where it Should Be - After the Horse
The NSW Court of Appeal has considered the principles concerning the rights of indemnity of a trustee against trust assets and the lien which exists to protect such rights. Critical to these rights, however, is the establishment of a liability on the part of the trustee: Agusta Pty Ltd v Official Trustee in Bankruptcy [2009] NSWCA 129.
|
|
09/06/09: TURKALERT: Real Property and Conveyancing Legislation Amendment Act 2009
The Real Property and Conveyancing Legislation Amendment Act, 2009 (the ‘Act’) was passed on 13 May 2009. It is of particular importance to financiers in that mortgagees and their solicitors will need to follow strict identification procedures before presenting a mortgage for lodgement. If they fail to comply with the procedures, then the Registrar General will have powers to either refuse to register the mortgage or to cancel its registration. Also, mortgagees will have obligations to ensure that land sold pursuant to a power of sale is sold for market value.
|
|
02/06/09: TURKALERT: Providing Particulars in 151Z Recovery Claims
On 30 March 2009, the NSW Court of Appeal put an end to the notion that employers who are pursuing 151Z recovery claims should provide particulars that are ‘analogous to’, ‘in the nature of’ or ‘in accordance with’ Part 15.12 of the Uniform Civil Procedure Rules 2005 in State of New South Wales (Ambulance Service of NSW) v McKittrick (1).
|
|
|
about us 
COMMERCIAL DISPUTES & INSOLVENCY 
