Stay up-to-date with CCK’s news and articles.
Section 100a reimbursement agreements, one year on
Can historical UPEs be forgiven following the ATO’s release of Tax Ruling 2022/4 and Practical Compliance Guideline 2022/2 (both relating to section 100A reimbursement agreements) on 8 December 2022? Read more...
CCK LAWYERS IS PLEASED TO ANNOUNCE ITS NEW APPOINTMENTS
CCK Lawyers is committed to establishing a strong future and to continue to provide exceptional service to our clients. This announcement is evidence of that commitment. Read more…
Statutory set-off will not usually be an answer in unfair preference claims
In a recent decision, the Full Court of the Federal Court of Australia has confirmed that a creditor cannot rely on set-off under section 553C of the Corporations Act 2001 (Cth) (‘the Act’) to reduce an unfair preference claim under section 588FA of the Act. Read more…
Peak Indebtedness Rule Is Abolished
The Full Court of the Federal Court of Australia has recently held that liquidators are not permitted to applythe 'peak indebtedness' rule when assessing the amount of unfair preferences received in the course of a continuing business relationship. Read more…
Statutory unconscionable conduct – no vulnerability, no problem!
The recent decision of ACCC v Quantum Housing Group Pty Ltd held that unconscionable conduct does not require the contravening party to exploit a vulnerability, disability or disadvantage of the victim. Read more…
Contractor awarded ‘acceleration’ costs for principal's wrongful refusal to grant an extension
A principal or contract administrator denying a contractor’s claim for an extension of time (‘EOT’) is (perhaps regrettably for contractors) very common. Nonetheless, principals and contract administrators should always exercise their discretion on EOT claims with care. Read more…
No Good News for Consultants in Lacrosse Appeal
The Victorian Supreme Court of Appeal has upheld a landmark decision regarding liability for the highly publicised 2014 Lacrosse apartment tower fire. Read more…
Holding back the tide – preventing a wave of insolvencies
The Treasurer has announced a new restructuring process to assist small business recovery. The new process will replace the temporary insolvency relief and protections that were quickly introduced in response to the COVID-19 downturn. Read more…
Rethinking third party payments and unfair preferences
In Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198 the Victorian Supreme Court of Appeal considered the circumstances in which a payment by a third party during the relation back period will amount to an unfair preference and therefore be recoverable as a voidable transaction. Read more…
Electronic Signing of Documents in the age of COVID-19
With most of us practising social distancing to prevent the spread of COVID-19, many Australian businesses and individuals are turning to electronic means to sign and agree contracts and other documents. Read more…
COVID-19 and Commercial Leases
Shortly after the World Health Organisation declared COVID-19 a pandemic, the South Australian government introduced temporary measures to assist those who were experiencing financial hardship due to the pandemic, including certain commercial tenants. Read more…
Insolvent Trading - New Safe Harbour Provisions
There appears to be an unusual aspect of the new Safe Harbour provisions. That is, not only must the debt be incurred in the next six months 'in the usual course of business', but also an administrator or liquidator must be appointed during that six month period, not after. Read more…
Coronavirus and Construction: Managing the impact of COVID-19 on construction contracting
As COVID-19 continues to disrupt the global economy, Australian businesses are facing unprecedented uncertainty. The construction industry is particularly susceptible to supply chain disruptions and shutdowns during this time. Read more…
Franchisors Beware of Competition Law Changes
Franchisors, just like any other business operator, need to comply with competition laws and not participate in anti-competitive behaviours. Recently there has been a change which brings competition laws back into focus for franchisors. Read more…
Franchisors – Be Careful What You Say
Recent judgments against the Geowash and the Funk Coffee & Food franchisors serve as timely reminders of the risks for franchisors in making statements which are not consistent with the disclosure document or franchise agreement. Read more…
Deceased estates, real property and real issues
Notwithstanding that death is generally not a taxing event, there are a number of complex legal and tax issues which need to be considered, particularly in relation to real property. Read more…
Where to now for class actions?
The High Court has held that the Federal Court of Australia and the Supreme Court of New South Wales do not have the power to make common fund orders in class action lawsuits. Read more…
New Year, New Court Processes!
2020 will see the introduction of an electronic court registry in South Australia. This will bring South Australia in line with other State court registries, as well as the Federal Court. Read more…
“Don’t be caught out” - security of payment claims over the holiday period
'Surprise' security of payment claims during the holidays are common. We discuss how principals and contractors involved in construction projects can protect themselves. Read more…
Building Work is only worth what the contract says it is
Mann & Anor v Paterson Constructions Pty Ltd [2019] has changed the law in a subtle, but important way in relation to building contracts.. Read more…
Don’t Drop The Shield: How PRIVILEGED Is Professional privilege?
What happens if there’s a data breach of privileged information? The High Court of Australia has recently clarified the limits of legal professional privilege. Read more…
South Australia To Get New Court Of Appeal
South Australia’s Attorney General, the Hon Vickie Chapman MP, has announced that a new Court of Appeal will be established for South Australia. Read more…
New changes to NSW security of payment legislation
New South Wales has introduced sweeping changes to its security of payment legislation. Is this a sign of things to come across Australia? Read more…
What is Probate?
What is probate? What does it do? And is it really a requirement? Whilst it is a topic many of us would prefer not to discuss, it is important that you have some understanding of this area. Read more…
Contract models & Risk Management in Construction projects
Risk management is an integral part of any construction project. By far the most effective risk management tactic is to choose the appropriate contract model. Read more…
proudly supporting the wch Foundation beach house
CCK Lawyers has been proud to partner with Bella Build & Design and the Women’s & Children’s Hospital Foundation in the Beach House project. Read more…