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…

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…

Protecting against Forged Email

Lawyers are heavily reliant on emails, and often assume the authenticity of emails. Unfortunately, emails can be easily forged, unless certain precautions are taken. There are (simple) technologies to prevent, or reduce, such email forgeries, including SPF records, DKIM, and DMARC records. Those records enable the recipient of an email…