I’ve just received an application to appoint provisional liquidators
An application to appoint provisional liquidators is a document that means the person or company who sent it to you has arranged a court hearing to have your company wound up but is concerned that company assets may be at risk and should be protected until the application is heard. Winding up a company’s financial […]
Appeal a QCAT decision
Can I appeal a QCAT decision? Not all QCAT decisions can be appealed. Whether or not a decision can be appealed, where it can be appealed to, and the process of the appeal, differs depending on the type of decision made and the circumstances supporting the reasoning (grounds) for the appeal.
Breach of confidence
What is breach of confidence? A breach of confidence, or breach of confidential information, can arise at common law, either through contract law (e.g. interference with contractual relations) or through tort (e.g. tort of conversion). However, the High Court recognised breach of confidence as an equitable cause of action in 1984. Equitable causes of action exist to […]
What is a subcontractor’s charge and when is it used?
The Australian building and construction industry has faced many economic challenges, with many large building and construction companies and developers collapsing under the pressure. This has meant that many people in the industry are left being owed huge sums of money — including subcontractors. In Queensland, there are legislative protections under the Building Industry Fairness […]
Undue influence
What is undue influence? Undue influence is an equitable cause of action which is enlivened in situations where a dominant party takes advantage of their influence over another disadvantaged person for the dominant party’s own benefit. The influence needs to be so overborne that the acts of the disadvantaged party are not free and voluntary. In […]
Most Common Shareholder Disputes and How to Avoid Them
Shareholders in large private corporations (or even partners in small to medium-sized companies) may not agree all the time. There may be times when their differences come in the way of their business relationships. Often, these disputes are resolvable with an open and honest sit-down among the parties involved. But sometimes, these conflicts also lead […]
