When Is Good Faith Enough Faith To Defeat Unfair Preference Claims
Due to COVID-19, the Federal Government implemented several measures to assist companies’ longevity and sustainability of its business. Many commentators have suggested that those measures have kept many insolvent companies afloat, but are likely to go into liquidation once these measures cease. As a wave of liquidations is forecasted by many in the insolvency industry, this […]
COVID-19 Update Part III: Transitioning Out Of COVID-19 Restrictions
This update is the third part in the BBW Lawyers’ series considering the COVID-19 crisis and its effects on Commercial Law, and Legal and Debt Recoveries. The first part of our series provided a summary of the temporary measures implemented by the Federal government: see COVID -19 -Effects on Legal and Debt Recoveries Part 1. The second […]
UCPR 14.12 Pros And Pitfalls
R 14.12 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) (all references are to the UCPR unless otherwise stated) allows for a Statement of Claim to be pleaded in short form in certain money claims. Pros – may increase efficiency: To plead facts in short form, the pleading must simply include one of the phrases contained in […]
Setting Aside Default Judgments – To Consent Or To Oppose, That Is The Question
The Local Court of NSW is inundated with motions to set aside default judgments from defendants often claiming that service was not effected, or that first time the judgment was brought to their attention was when the plaintiff sought to enforce the judgment. When presented with a motion to set aside a default judgment, a […]
Covid-19 Update Part II: Witnessing Documents In Isolation
This update is the second part in the BBW Lawyers’ series considering the COVID-19 crisis and its practical effect on commerce in Australia. The first part of our series provided a summary of the temporary measures implemented by the Federal government following the Coronavirus Economic Response Package Omnibus Act 2020 and points of consideration to assist creditors […]
COVID-19 – Effects On Legal And Debt Recoveries
Firstly, from all the team here at BBW Lawyers, we hope you, your families and your team, are safe and well. The spread of coronavirus (COVID-19) in Australia has led to some drastic measures being taken by the Federal and New South Wales governments, including but not limited to the implementation of certain temporary measures […]
Preparation For The Pandemic
The effects of Covid-19, more widely referred to as coronavirus, are being experienced worldwide, with new cases reported daily. Today’s declaration by the World Health Organisation of the coronavirus as a pandemic, coupled with the Federal Government’s announcement of targeted funding to both combat the virus and bolster the Australian economy, indicate the real seriousness […]