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Added by ELNC on July 17, 2010 at 6:05am — No Comments

Kyle Kimball LIQUIDATOR’S CAPACITY TO SUE

PARK & ANOR V. LANRAY INDUSTRIES PTY LTD & ORS [2010] QSC 82

QUICK FACTS
  • The plaintiffs who were the liquidators of the company in liquidation brought an action in their own name rather than as “the liquidators for the company” against the defendants.
  • Their claims were based on unjust enrichment, uncommercial and voidable transactions.
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Added by Kyle Kimball on July 15, 2010 at 10:27am — No Comments

Kyle Kimball A GOOD DEED?

The case of Q.B.I. CORPORATION P/L V PLANTATION RISE P/L [2010] QSC 102 focused on certain issues surrounding a Deed of Company Arrangement (DOCA).

BACKGROUND
  • QBI was owed in excess of $300,000 by Plantation Rise and following legal action for recovery, QBI appointed voluntary administrators.
  • There was little doubt Plantation Rise was insolvent however it held suffi
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Added by Kyle Kimball on July 15, 2010 at 10:00am — No Comments

Naomi Hamm The ongoing fraud of the VA

In Media PA, 7th district for State Rep( a real good politician) Joseph Sestak, after discussing my ongoing battles with the Veterans Adminstration, (they cheated me out of over $ 500.00 or over on my backpay, upon winning my award reinstatement only through Mr Sestaks office and his and his employees hard efforts) an employee, the young Mr Matt Haggerty, had stated to me as of July 7th 2010, that a full 700 of his constituents had been violated by the fraud of which began back in eit

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Added by Naomi Hamm on July 8, 2010 at 8:28pm — No Comments

Donald Kudler A New Site for Plaintiff Personal Injury Attorneys

We're all here to represent our clients to the best of our abilities. Information has always been vital to helping our clients. It is even more so now. That's why we at Cap & Kudler have designed and sponsored SuccessForPlaintiffs.com, a new website for the exchange of information between Plaintiff Personal Injury Attorneys. (Please click on the link and check it out.)

SuccessForPlaintiffs.com is intended to be a site tha
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Added by Donald Kudler on June 8, 2010 at 5:13pm — No Comments

Kyle Kimball THE LURKING SHADOW


Often when a company is in financial distress, creditors and other third parties get a chance to exercise their legal rights by becoming the shadow directors of the company. If a company acts according to the wishes of a lender or a third party then such a person may be considered as a shadow director of the company.
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Added by Kyle Kimball on June 1, 2010 at 6:16am — No Comments

Kyle Kimball GET YOUR OWN MANTRA



A recent Federal Court decision in Australia confirmed that the use of a trade mark in a domain name, coupled with use of the trade mark on allied web sites can amount to trade mark violation.


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Added by Kyle Kimball on June 1, 2010 at 6:02am — No Comments

Kyle Kimball STATUTORY DEMAND

Statutory demand is considered to be one of the strongest weapons for debt collection. And why not - it avoids bankruptcy petitions.

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Added by Kyle Kimball on May 14, 2010 at 11:26am — No Comments

Kyle Kimball MINORITY DEPRESSION OR MAJORITY OPPRESSION

Every shareholder deal
has the potential to end in dispute and as a result, the winding up of the
company. Contracting parties sometimes believe that as long as the parties
agree on significant matters, minor disagreements generally resolve themselves.

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Added by Kyle Kimball on May 14, 2010 at 11:21am — No Comments

Kyle Kimball SIGNIFICANT CHANGES TO CONSUMER LAW

The Trade Practices Act 1974 is now being replaced with the Competition and Consumer Act 2010. The Trade Practices Amendment (Australian Consumer Law) Bill 2010 (ACL) has recently been passed.


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Added by Kyle Kimball on May 14, 2010 at 11:16am — No Comments

Kyle Kimball SUPERANNUATION NEWS ALERT

What is a self managed superannuation fund?

A self managed superannuation fund is a concept of investing in a fund designed for an employee’s retirement. The members of these funds are treated as trustees. These trustees control their contributions as well as payments of their benefits.


Latest announcements

The Australian government has made recent announcements on superannuation funds. I

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Added by Kyle Kimball on May 14, 2010 at 11:13am — No Comments

ELNC Why do attorneys need a certified legal nurse consultant?


The certified legal nurse consultant is the expert on the health care system. Nowhere else can you access this level of cost-effective expertise. We understand the terminology and subtleties of the health care system. More info at: www.expertnurseconsultants.com
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Added by ELNC on April 14, 2010 at 4:34am — No Comments

ELNC What is a Certified Legal Nurse Consultant?

A Certified Legal Nurse Consultant is an RN that successfully mastered the rigorous certification program at the Vicki Milazzo Institute. They have the expertise to quickly pinpoint and interpret nursing and medical issues in any case involving injury, illness or health. They give you the winning edge on your medical related cases. www.expertnurseconsultan

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Added by ELNC on April 2, 2010 at 3:15am — No Comments

Kyle Kimball INDEMNITY CLAUSES


Agreements involving indemnity clauses must be drafted carefully and must clearly state the intention of the parties with regard to the liabilities arising from the breach of the indemnified party. This might appear obvious but a recent case suggests otherwise.


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Added by Kyle Kimball on March 31, 2010 at 5:30am — No Comments

Kyle Kimball A FOUR BEDROOM HOUSE, A GARDEN AND GST?


Buying a property is always exciting but equally challenging and tricky. One should not get carried away with a perfectly landscaped garden or the prime location of the property. A rec

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Added by Kyle Kimball on March 30, 2010 at 7:55am — No Comments

Kyle Kimball SPECIAL CONDITIONS IN PROPERTY CONTRACTS

The importance of special conditions in property contracts was considered recently by the Supreme Court of Queensland in Gilson v Flamingo Enterprises Pty Ltd [2010] QSC 53.

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Added by Kyle Kimball on March 30, 2010 at 7:54am — No Comments

Kyle Kimball INSOLVENCY MATTERS

2010 has already witnessed several key legislative changes in various areas of the law. One of these, related to insolvency law and The Corporations Act 2001, is worth writing about. The High Court’s decision in Sons of Gwalia v Margaretic [2007] HCA 1 is being overturned.

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Added by Kyle Kimball on March 9, 2010 at 9:57am — No Comments

Kyle Kimball DIRECTOR DOES IT AGAIN

Australian Securities and Investments Commission v Citrofresh International Ltd (No 2) [2010] FCA 27 will serve as a wake up call to directors of Australian companies. Or will it?

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Added by Kyle Kimball on March 9, 2010 at 9:52am — No Comments

Kyle Kimball THE RISE OF THE PHOENIX - CORPORATES GO INCOGNITO

The regular tribulations of the Global Financial Crisis in the guise of unemployment and financial struggles have been dwarfed by a more sophisticated evil. Fraudulent activities and organized misbehavior disguised under a trend, known as ‘Phoenix activity’, although not a new trend, is gaining momentum in Australia in recent times. What is Phoenix activity? Phoenix, the largest city in the US, also known as the Valley of the Sun and the Phoenix activity in Australia, echo the same philosophy to… Continue

Added by Kyle Kimball on January 23, 2010 at 2:38pm — No Comments

Kyle Kimball THE DARK SECRET OF CHOCOLATES

Forrest Gump was right. ‘Life is like a box of chocolates – you never know what you’re going to get!’ In the intellectual property game this is especially true for the chocolate industry and big brand names such as Mars, Cadbury and Sweet Rewards. Mars Australia, in Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCA 606 has recently filed an infringement suit alleging Sweet Reward’s packaging of its chocolate malt balls are confusing and misleading consumers. Mars has also claimed a pass… Continue

Added by Kyle Kimball on January 23, 2010 at 2:37pm — No Comments

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