Is the lodgement of a caveat over the real estate of a director or a director's spouse prohibited by operation of section 440J of the Corporations Act?

Section 440J of the Corporations Act provides that during a company's voluntary administration, a personal guarantee cannot be enforced against a director's spouse or relative. This provision is well-known to insolvency practitioners and essentially provides a moratorium so that a director and the director’s family members are protected from enforcing personal guarantees while the administration process plays out. 

The recent passage of the Federal Government’s Closing the Loopholes Bill (No. 2) introduced significant and controversial reforms, including the 'right to disconnect'. This article addresses what is the right to disconnect and what are the expectations. 

Fixtures refer to items that transition from being personal property (a chattel) to becoming part of the real property through attachment. This distinction is critical for anyone buying or selling property, as it influences rights and expectations. In this article, we aim to clarify the concept of fixtures, providing valuable insights for those navigating the complexities of property law. 

Lenders typically secure loans by way of a mortgage over real property or as a security interest over a borrower’s or guarantor’s personal property, including personal, business or company assets.

This article provides a guide on the operation of mortgages and security interests and highlights key differences that Lender’s should consider.

Company title is a term used to describe a conventional property title that is held by a company.  The shareholders of the company have a right to occupy a part of the building or land in accordance with the constitution of the company.  The company is the registered proprietor of the land. “Is it a good idea for me to buy a company title property?”.

Residuary estate, is an often-overlooked but crucial concept in wills and estate planning. In this article, we demystify the concept of residuary estate, offering insights from our seasoned professionals to help you navigate these complexities with clarity and confidence. 

Previously, an ‘unfair’ contract term could be declared void. However, from 9 November 2023, franchisors are prohibited from entering into standard form contracts with franchisees that contain unfair terms. Franchisors are also prohibited from relying on unfair terms, which have been renewed or varied on or after 9 November 2023. Doing so may attract substantial financial court penalties, now potentially in the millions.

Issues will inevitably arise in a franchise relationship. Sometimes, those issues can be dealt with quickly and in a way that allows both parties to carry on their business in a positive manner. Other times, an issue has become too big, or a series of smaller issues linger, and some type of third party intervention is required.

At Holman Webb Lawyers, we acknowledge the profound impact that direct experience in the health sector, including clinical backgrounds, can have in the field of health law. Our extensive involvement in this sector highlights the benefits of combining legal expertise with an in-depth understanding of healthcare. This synergy not only enriches our legal proficiency but also deepens our grasp of the healthcare environment.

In this article, we'll explore why experience in the health sector, whether through clinical roles or other relevant exposure, is not merely advantageous but highly beneficial in health law, focusing on its influence on legal advice, patient safety, and policymaking.

At Holman Webb Lawyers, our expertise in Alternative Dispute Resolution (ADR) plays a significant role in our modern legal practice. ADR transcends being merely an alternative to traditional courtroom proceedings; it demonstrates our proficiency in facilitating solutions that are efficient, cost-effective, and emotionally considerate.