Author Archives: Anne Wardell

About Anne Wardell

Anne Wardell is Editorial Content Manager at Wolters Kluwer, CCH and co-administrator of the Law Chat site.

PPSA 2014 review

We have posted ten stories this year which discuss developments and cases on the Personal Property Securities Act 2009.  The subjects have covered legislative amendments, such as the narrowing of the definition of motor vehicle, Australian decisions including White v Spiers … Continue reading

Posted in Insolvency, Legislation, PPS, Recent cases | Leave a comment

Justice Award to Professor Andrew Mowbray

Wolters Kluwer, CCH would like to congratulate Professor Andrew Mowbray Co-Director and Co-Founder of AustLII, on receiving the Justice Medal at the Justice Awards dinner at NSW Parliament House last Wednesday 19 November 2014. The Justice Medal is the highest … Continue reading

Posted in General | Leave a comment

FOFA amendments disallowed – where to now?

Contributed by Tina Doan, CCH writer/editor. Since being introduced by the previous Labor government in 2012, the Future of Financial Advice (FOFA) reforms have been subject to intense political debate and numerous amendments. In the latest development, the opposition government … Continue reading

Posted in Australian Politics, Corporations Law, Financial Services Law, FOFA | Leave a comment

PPSA case update 2014

As the year draws to a close I thought it may be useful to provide a list of the Personal Property Securities Act (2009) (PPSA) Australian decisions that have been covered in our CCH Australian Personal Property Securities Law Reporter for … Continue reading

Posted in PPS, Recent cases, Uncategorized | Leave a comment

Application of s 588FL can lead to “seemingly draconian outcomes”

Written by Anne Wardell, Editorial Content Manager. The importance of registering a security interest as soon as possible has been demonstrated by a recent decision of Sifris J of the Supreme Court of Victoria. In Carrafa, Gountzos & Lofthouse (as … Continue reading

Posted in Commercial Law, PPS, Recent cases | Leave a comment

Australia’s new insolvency laws — and an increased scrutiny of our approach to business rescue

Written by Michael Murray, writer for CCH’s Australian Insolvency Management Practice on behalf of Ferrier Hodgson. In this article, Michael Murray discusses the changing landscape of insolvency in Australia. It was said recently, by Malcolm Turnbull, that Australia’s “unusually severe … Continue reading

Posted in Corporations Law, Insolvency, Law, Legislation | Tagged , , , , , , , | Leave a comment

High Court rules Health Authority did not owe duty of care to relatives of a man killed by a mentally ill patient

Agreeing with the primary judge, the High Court of Australia has reversed the findings of the Court of Appeal and unanimously ruled that the Health Authority who discharged a mentally ill patient into the care of a friend who he … Continue reading

Posted in Uncategorized | Leave a comment

Recent PPSA cases — registered security interests ordered to be removed

In two recent cases in New South Wales, orders have been made to remove security interests registered on the Personal Property Securities Register (PPSR) pursuant to interests claimed under the Personal Property Securities Act 2009 (PPSA). The first case, TLK … Continue reading

Posted in PPS, Recent cases, Uncategorized | Leave a comment

Victorian Supreme Court confirms tort of intimidation is part of Australian law

By John Tuck (Partner) & Breen Creighton (Consultant) of Corrs Chambers Westgarth The decision of the Supreme Court of Victoria in Boral Resources (Vic) Pty Ltd v CFMEU [2014] VSC 429 (16 September 2014) (Boral) highlights an important response that is often available … Continue reading

Posted in HR, Industrial Law, Recent cases, Torts | Leave a comment

Vital reforms to competition law and policy fore shadowed by Harper Panel – section 46 and removal of state powers by Bob Baxt

Having returned from a month overseas, early in October, one of the documents I found sitting on my desk awaiting my attention, (and it certainly “grabbed” my attention), was the Draft Report of the Harper Panel appointed to conduct a … Continue reading

Posted in Australian Politics, Commercial Law, Competition and Consumer Law, Harper Review, Legislation | Leave a comment

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