The Claremont Serial Killer: a different kind of forensics
Recently, Bradley Edwards has plead guilty to five of the eight charges against him. He is also the man accused of murdering Sarah Spiers, Jane Rimmer and Ciara Glennon. These charges included sexual attacks on two young women – one in 1988 as the victim was sleeping in...Read More
Do I need a shareholders’ agreement?
Miscommunication about an unwritten arrangement nearly cost brothers $200,000 A case that was heard in the Federal Court in August 2019 involved three brothers who set up a family business, but did not put the arrangements of the business in writing. Instead, the brothers relied on ‘trust and familial...Read More
Murky waters: What is “responsible lending”?
On 13 August 2019, Justice Perram dismissed a case that ASIC brought against Westpac in regard to responsible lending laws. Ultimately, Justice Perram decided that Westpac’s use of an automated process for loan approvals was not a breach of responsible lending. The decision leaves us asking: Will banks ever...Read More
ARE YOU AN EXTERNAL ADMINISTRATOR BEING QUESTIONED BY CREDITORS?
Or, are you a creditor of a liquidated company seeking information? Legislative changes commencing in 2017 conferred additional power on creditors of companies in external administration. The additional powers included a right for creditors to obtain information and records from an external administration. INTRODUCTION OF THE POWER The above...Read More
When can an insurer refuse a claim?
Section 54 of the insurance contracts act 1984 (Cth) can be used to restrict an insurer from rejecting a claim. What are the limits of Section 54? Section 54 of the Insurance Contracts Act 1984 (Cth) provides that an insurer may not refuse to pay a claim in certain...Read More