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Debt Recovery

You are in business to make a profit. When clients do the wrong thing by you — in delaying or not paying you — then you need to know your legal rights.

Debt Recovery Case Studies

Cases of ‘revenge porn’ rising

7-December-2015

In an era where smartphones and posting on social media have became commonplace, the risk of intimidation or a breach of privacy through the posting of inappropriate or embarrassing digital content has escalated. “Revenge porn” is one emerging trend that is on the rise, in circumstances where a couple experiences an acrimonious split. The typical scenario is that one partner releases or shares with members of the public illicit photos or videos of his former partner in an attempt to humiliate or damage him or her. But what...

Streeterlaw wins significant Supreme Court of NSW decision

18-March-2015

A recent Supreme Court of NSW case has found that internal fraud litigation proceedings within an Australian company must be heard in an Australian court, even though the parent company is from New Zealand. The decision is now one of only two recent case law decisions to decide what happens with litigation proceedings in Australia and New Zealand as a result of the Trans-Tasman Proceedings Act 2010 (Cth). Case background – Douglas Webber Events Pty Ltd [2014] NSWSC 1544 The plaintiff (our client) and the defendant were both residents of...

Landlords entitled to disclaim leases in insolvency cases

5-May-2014

In December 2013, the High Court confirmed that a liquidator of a corporate landlord may disclaim a lease that the company had granted to a tenant, leaving the tenant to prove they have suffered loss in the winding up. Broadly speaking, it is common for the liquidator of an insolvent lesee to repudiate the lessee’s tenancy obligations. It is now clear that a corporate landlord may similarly avoid unfavourable leases to which it is committed, simply by renouncing those leases in liquidation. Streeterlaw Fraud and Insolvency Group...

Illegally taped conversation can be used in evidence

28-June-2013

As most people may be aware, taped conversations are generally not permitted into evidence if the person was not aware that they were being recorded. However, a recent case has shown that taped conversations, where the person has given permission to be recorded, can be admissible in court proceedings. In the recent case of Badger & Ors [2013] FMCAfam 124 (14 February 2013), the Court had to determine whether it should allow into evidence the transcript of a taped telephone conversation that took place between two of the parties in the...

Directors need to learn from James Hardie case

5-June-2013

The James Hardie proceedings in the NSW Court of Appeal last November saw penalties imposed against the company's former non-executive directors and former company secretary and general counsel for their roles in providing the market with incorrect information, which breached the Corporations Act.   There are several important lessons from the decision:    1(a) as a general rule, boards which make decisions by consensus need to consider whether to hold formal votes on specific resolutions,...

Contempt of Court brings Fine

30-November-2010

Mark Bouris raises Contempt of Court case against former directors The Situation - Ignoring Interim Freezing Order  In June 2009, Mr Mark Bouris became the chairman of TZ Ltd. Mr Bouris is well known as the star of The Apprentice reality TV show and as founder of Wizard Home Loans. TZ Ltd commenced action to recover monies from former directors of the company.  One of the proceedings commenced was against an entity called ZMS Investments Pty Ltd (‘ZMS’).  On 16 September 2009 the Supreme Court of New South Wales...

Contempt involving Luna Park and Daily Telegraph



Luna Park Sydney has had a long and sometimes turbulent history in Sydney. The Amusement park is located on the north side of Sydney Harbour at Milsons Point. It's smiling face has been part of Sydney landscape for much of the park's life since it opened in 1935. When information gathered for a court case was released to Sydney's The Daily Telegraph for an article it was considered to be "contempt" - a misuse of the information. The Facts - Hearne v Street [2008] HCA 36 (6 August 2008) After being closed for a period of time Luna Park...

Desperate employees can do desperate things



The Association of Certified Fraud Examiners (ACFE) have a free report Occupational Fraud: A Study of the Impact of an Economic Recession available from their website. ACFE President James D. Ratley, CFE says "Desperate people do desperate things. Loyal employees have bills to pay and families to feed. In a good economy, they would never think of committing fraud against their employers. But especially now, organizations must be vigilant during these turbulent times by ensuring proper fraud prevention procedures are in place." The...

Motorola dealer causes loss of goodwill in business



Breach of employment contract turns into an expensive lesson for employee When you hire someone to do a job it is natural to expect the employee to do their job and to be loyal to their employer and not help a direct competitor. Failure to do this proved to be an expensive error on the part of the employee. The Facts of Dinte v. Hales & Anor [2009] QSC 63 (25 March 2009) Dinte, the plaintiff in this action, hired Hales and Campbell to provide services to his business trading as Skycomm.  Hales held the position of...

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