Bodies corporate could be in for more than a shock by the collapse of embedded network and billing providers.

The appointment of Voluntary Administrators to Apex Energy Holdings Pty Ltd (Apex) has brought into sharp focus the inadequacies of embedded network and billing agency agreements (Billing Agent Agreement) with bodies corporate and occupiers (Consumers) and, in particular, the billing and payment arrangements for essential services such as electricity (utilities). A fool and his money…

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A win for bodies corporate recovering outstanding levies

Are you a body corporate manager or do you sit on a committee? Have you been frustrated by lot owners claiming damages alleging the body corporate has somehow breached a duty in an attempt to frustrate or delay paying levies? In a decision published last week (Body Corporate for Anchorage v Huang), there is some…

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A Slam Dunk for the Liquidators in Anti-Phoenixing Win

The first decision relying on the amendments to the Corporations Act (Act) introduced by the Treasury Laws Amendment (Combatting Illegal Phoenixing) Act 2020 (Anti-Phoenixing Legislation), was handed down last week in Intellicomms Pty Ltd (In Liquidation) (Company) & Ors v Tecnologie Fluenti Pty Ltd [2022] VSC 228. The Victorian Court declared a sale agreement void (Sale Agreement)…

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Using cryptocurrency as security for costs – a leap too far?

I’ll start with a short confession (this won’t be a surprise to those who know me). In addition to not being very tech-savvy, I know little about how cryptocurrencies emerged and how they are mined or traded. I’ve read that there are brokers, cryptocurrency exchanges, hot and cold wallets and many thousands of different cryptocurrencies,…

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Knock Knock: Who’s There? It’s Your Body Corporate …

As an owner of a unit in a strata complex, one quickly realises that the old maxim an Englishman’s home is his castle is in apposite for that style of living. Everyone makes compromises. Everyone is bound by rules (by-laws) and by a statutory framework which includes imposing obligations on bodies corporate and owners to…

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We’re Here to Help

Dealing with debtors in difficult times All of us are coming to grips with our new financial circumstances and the uncertainty of what lies ahead. The government and the banks are doing what they can to help ease the burden, but, for many of us, that’s not enough. A significant recurring payment for almost a…

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The importance of properly detailed registration on the PPSR

The matter of Re Carson; Hastie Group Ltd (No 3) [2012] FCA 719 relates to an application made by the administrators after the collapse of the Hastie Group. By way of background, the Hastie Group involved 44 companies over 36 sites and was the subject of 995 registrations on the Personal Property Securities Register (PPSR)…

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