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The current Australian position on the two branches of proprietary estoppel

by admin | Jul 12, 2023 | Litigation and Dispute Resolution

Introduction The doctrine of proprietary estoppel operates to disentitle an inducing party from departing from an assumption which she has caused another party to adopt. An equity arises where:[1] A (the inducing party) plays a role in the adoption by B (the relying...

Litigation and Dispute Resolution update: High Court Clarifies the Law Around Presumptions

by admin | Nov 16, 2022 | Litigation and Dispute Resolution

On 12 October 2022, the High Court of Australia (HCA) handed down its decision in Bosanac v Commissioner of Taxation [2022] HCA 34. This case considers the application and role of the ‘presumptions’ of resulting trust and advancement in respect of a...

Litigation and Dispute Resolution case note: Important Victorian decision on priority dispute has implications that could reach well beyond transport industry

by admin | Sep 24, 2020 | Litigation and Dispute Resolution

Earlier this year, KCL Law acted for the Plaintiff in the case of Tasman Logistics Services Pty Ltd v Seaco Global Aust Pty Ltd & Ors [2020] VSC 100, which decided an important question under the Personal Property Securities Act 2009 (Cth)...

Insolvency update: Temporary amendments to the Corporations Act provide breathing room for businesses in financial difficulty amid COVID-19 pandemic

by admin | Mar 16, 2020 | Litigation and Dispute Resolution

In response to the COVID-19 pandemic, the Federal Government has now implemented temporary changes to insolvency laws. The Treasurer was given temporary power to amend provisions of the Corporations Act 2001 (the Act) so that the changes would have...
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