What Commercial Tenants and Landlords Need to Know About End-of-Lease Obligations
Allied Pinnacle Pty Ltd v GR Mailman & Associates Pty Ltd [2026] NSWSC 87 A recent New South Wales Supreme Court decision has provided important clarity on the obligations that tenants face when a commercial lease comes to an end. The case of Allied Pinnacle Pty Ltd v GR Mailman & Associates Pty Ltd [2026] […]
Director Liability for Insolvent Trading:
Director Liability for Insolvent Trading: Key Principles from Woodworx Joinery Holdings Ltd (In Liq), Re [2026] NSWSC 39 The recent decision in Woodworx Joinery Holdings Ltd (In Liq), Re [2026] NSWSC 39 provides important guidance on director liability for insolvent trading and reinforces several fundamental principles that apply to both statutory and de facto directors. This […]
When “Indefensible” Arguments Backfire: Lessons from Vinall v St George Bank
Summary: A NSW Supreme Court judge ordered that Westpac’s CEO to appear in court after St George Bank refused to correct a $44.11 credit reporting error—only for the bank to reverse its position over the weekend. The case serves as a sharp warning to organisations about the risks of mishandling credit reporting obligations. What […]
No Positive Obligation: NSW Court of Appeal Clarifies Builder Rectification Rights in Building Defects Cases
Ceerose Pty Ltd v Owners — Strata Plan No 89074 [2025] NSWCA 235 November 2025 Executive Summary In a significant decision for the building and construction industry, the NSW Court of Appeal has definitively ruled that owners corporations and property owners have no positive obligation to provide builders with opportunities to rectify building defects. The […]
Division 296 Superannuation Tax: Critical Changes You Need to Understand
Major Changes Announced – 13 October 2025 UPDATE: On 13 October 2025, the government announced significant amendments to the Better Targeted Superannuation Concessions (BTSC) measure in response to stakeholder feedback. These changes fundamentally address the most serious concerns raised by the superannuation industry, particularly regarding the taxation of unrealised gains. The proposed Division 296 legislation […]
Repair, Reinstatement and Indemnity: Navigating Commercial Lease Obligations After Fire Damage
The recent NSW Supreme Court decision in 167 Prospect Highway Pty Ltd v Polyaire Pty Ltd [2025] NSWSC 1144 provides crucial guidance on the scope of tenant obligations following catastrophic damage to leased premises. The case carefully examines the distinction between repair obligations, reinstatement covenants, and indemnity provisions, demonstrating how seemingly overlapping clauses can create […]
Can You Get Out of a Business Loan by Claiming Fraud?
Corporate Lending Dispute: NSW Supreme Court Reinforces Protection for Lenders Under Corporations Act Overview In a recent decision, the New South Wales Supreme Court provided important guidance on the protection afforded to lenders when dealing with companies, reinforcing that parties can rely on statutory assumptions under the Corporations Act unless they have actual knowledge of […]
Landlord’s Consent to Assignment: NSW Supreme Court Sets Clear Boundaries on Unreasonable Refusal
Recent decision clarifies when landlords overstep in blocking lease assignments A recent New South Wales Supreme Court decision has provided important guidance for commercial tenants seeking to assign their leases, finding that landlords cannot use the consent process to extract collateral advantages or impose unreasonable conditions beyond the lease terms. The Case: Exceed Education v […]
Navigating the Legal Landscape: Directors’ Risks of Insolvent Trading
Directors of companies shoulder significant responsibilities, particularly in ensuring the financial health and solvency of their entities. However, when a company faces insolvency, directors must navigate a complex legal framework that imposes stringent obligations and liabilities. Understanding the risks associated with insolvent trading is paramount for directors to fulfill their duties effectively and protect their […]
Director Penalty Notices – Rights, Responsibilities, and Recourse
In the realm of corporate governance, directors play a pivotal role in steering the course of their companies. However, with such authority comes responsibility, including ensuring compliance with tax obligations. In pursuit of tax collection, the ATO often resort to Director Penalty Notices (DPNs) as a means to hold directors personally liable for certain tax […]