CMF Projects Pty Ltd v Riggall [2014] QCA 318 In this matter the builder entered into a “costs plus” contract with the owner in relation to the renovations of the owner’s residence. In response to the owner’s defence that the builder was not entitled to recover because the contract did not comply with the Domestic […]
New legislation introduced earlier in 2014 incorporates significant reforms to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA), and is seeking to level the playing field by making BCIPA less claimant friendly and making procedural amendments to the operation of BCIPA. The extensive reforms focus on the following: adoption of a simplified ‘claim’ […]
Where co-owners of property held as tenants in common cannot agree on how to deal with property, in particular whether it should be sold or not, it is possible to have the property placed into the hands of a trustee for the purposes of sale pursuant to sections 37-43 of the Property Law Act. This is referred […]
We have great experience and can help in many insolvency related matters including:Deeds of Company Arrangement;Administrations;Liquidations;Receiverships;Insolvency Actions for Trustees and Liquidators;Acting for creditors in defending preference payment claims by Trustees and Liquidators;Recovery of debts via insolvency and bankruptcy processes; andReconstruction and personal insolvency arrangements.Under Part IX of the Bankruptcy Act proposals can be made for […]
Not receiving your fair share of an estate?There are good reasons why people will need to challenge an estate which include:the deceased failing to divide their estate fairly between their dependents and family;a Will being made at a time when the deceased didn’t have the necessary capacity;where the deceased was unduly influenced to sign a will that didn’t […]
Debt recovery and insolvency advice forms an integral part of our daily work and we are well placed to provide you with professional, efficient recovery services.We look at every matter individually and quickly assess what recovery methods will work best in your situation. So whether you are owed millions of dollars or less than $10,000 […]
Are you unhappy with an administrative decision made by a state government agency or local government authority? If you are you may be able to apply to the Queensland Supreme Court for a judicial review.It is possible to seek a review of any question of law involved in making the decision and for the reform of […]
Not getting along with your partners or co-shareholders?Is your business in limbo because you can’t agree on certain decisions which need to be made?Is your partner or co-owner no longer acting in the best interests of the business?Are you having trouble communicating with your partner?Are you and your partners’ direction for your business moving apart? Partnerships […]
Need to know where you stand in relation to a contract?Need to enforce a contract?Trying to get out of a contract? Contracts and agreements are an integral part of our society. It’s therefore not only important to understand how contracts are formed but also how they will be interpreted, terminated and enforced. We have extensive experience […]
Ellison Moschella & Co has a wealth of experience and technical skill in insolvency and debt recovery matters.It sounds simple but we find time and time again it’s those clients who take a proactive approach to their credit management who collect more debts than those who don’t. An integral part of credit management is making […]
Like many Queenslanders at one time or another you may buying property with another person. This may be with a relative, friend, spouse or business partner. Many of those will fail to plan how to deal with the property if they disagree however. So what happens in this case?Section 33(1) of the Property Law Act 1974 (Qld) provides any property […]