Rhett Kipps

Filed or Just Lodged? A Registrar's Extension Order Unwound on Appeal

Filed or Just Lodged? A Registrar's Extension Order Unwound on Appeal

Lamb v Sherman [2023] FCAFC 85; (2023) 298 FCR 79 concerned an appeal from a sequestration order. The appellant had 21 days to comply with a bankruptcy notice. On the last day, at 4:37 pm, her solicitors electronically lodged an application to set the notice aside — seven minutes after

Court of Appeal Expands First Mortgagee’s Priority in Development Dispute

Court of Appeal Expands First Mortgagee’s Priority in Development Dispute

In ProLend Solutions No 50 Pty Ltd v Monaco Solicitors Pty Ltd [2026] QCA 68, the Court of Appeal significantly expanded a first mortgagee’s priority in respect of disputed proceeds of a residential property development under a Deed of Priority. The decision highlights the importance of careful drafting of

Successful claim on fidelity fund

Successful claim on fidelity fund

I appeared for the applicants in Arbuthnot and Anor v Queensland Law Society [2024] QCAT 125 in respect of a successful review against a decision by the Queensland Law Society to entirely reject their claim on the fidelity fund. The case followed a (then) solicitor drafting a will which relevantly

Mortgages & Unconscionable Conduct

Mortgages & Unconscionable Conduct

I appeared in a case before Jackson J where a guarantor sought to avoid an action for recovery of possession by asserting the mortgage was void for statutory unconscionable conduct. The guarantor was unsuccessful in so doing, and the court held that if restitution for the loan is not offered,

Perils of Electronic Signatures

Perils of Electronic Signatures

I recently presented on the Perils of Electronic Signatures for Legalwise.

Secured Creditor nearly loses security by lodging Proof of Debt

Secured Creditor nearly loses security by lodging Proof of Debt

Secured creditors need to be careful in lodging a Proof of Debt which fails to value their security interest, otherwise they may be inadvertently surrendering the security interest. The Supreme Court of New South Wales recently considered whether a secured creditor had surrendered the security after they lodged a proof

"Standstill" agreement "some other reason" to set aside statutory demand

The Supreme Court of New South Wales recently considered whether a "standstill agreement" between the parties to refrain from enforcement of a judgment debt was "some other reason" to a have a statutory demand set aside. The Court held that there was a seriously arguable case

Bankrupts can personally sue for post-bankruptcy income

In Davey v Dessco Pty Ltd & Anor, the Victorian Supreme Court recently held that post-bankruptcy income does not vest in a trustee in bankruptcy, and that an undischarged bankrupt is entitled to sue for such income for in the bankrupt’s own name. The decision overturned a lower

Improving prospects of your legal recoveries

Improving prospects of your legal recoveries

I recently presented on improving your prospects of legal recoveries for the Australian Institute of Credit Management.

Subbies defeat preference claim for payments from head contractor

Subbies defeat preference claim for payments from head contractor

The Supreme Court of New South Wales has recently dismissed unfair preference claims brought by liquidators against six subcontractors in In the matter of Evolvebuilt Pty Limited [2017] NSWSC 901. The decision clarifies the circumstances in which a liquidator can pursue payments by third parties as unfair preference payments, often

Liquidators to have a proper basis to issue Demands

Parker, in the matter of Worldwide Specialty Property Services Pty Ltd (in liq) v Worldwide Specialty Property Services Pty Ltd (in liq) [2017] FCA 687 recently considered a liquidator’s application to extend time to pursue voidable transactions under section 588FF Corporations Act 2001. While the liquidator ultimately obtained relief

Electronic signatures on guarantees = High Risk for Fraud and Dishonesty

As electronic communications and electronic signatures become more prevalent in modern electronic commerce, there is an increased risk of fraud and dishonesty. Trade credit businesses place considerable reliance upon signatures which appear on terms and conditions of trade and, perhaps more importantly, personal guarantees. This is risky because the signature

Can Subbies in Queensland defeat unfair preference claims?

The Subcontractors’ Charges Act 1974 (Qld) (Act) allows an unpaid subcontractor to obtain a charge over monies which would otherwise fall due to their contractor upstream by issuing a notice under the Act. The Act can be powerful and, by issuing notices, elevate the subcontractor from an ordinary unsecured creditor

Liability limited by a scheme approved by professional standards legislation.