News & Blog
Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
On 19 June 2019, the much-anticipated High Court appeal in the matter of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (also known as the "Amerind appeal") was handed down. The decision resolves ...
Originally introduced in September 2018 and passed by both Houses of Parliament in April 2019, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Bill 2018 seeks to deter corporate employers from avoiding their ...
Insolvency – every director’s biggest nightmare. Under the Corporations Act s 459C, when a creditor serves a statutory demand on a company for an outstanding debt, the company will be presumed insolvent if it fails to comply with, or set asi...
The Federal Government has progressed a number of legislative initiatives that will impact on directors and are likely to come into effect in 2019 if they go ahead. The proposed new laws include significantly increasing civil and criminal penalties f...
In a previous article (which can be viewed here), we discussed the High Court’s grants of special leave ...
A company’s non-compliance with a statutory demand is the most common method of proving its insolvency in any winding up proceedings. Generally, if it does not make good the debt under the statutory demand within 21 days of service, the company will ...
The question in Pleash (Liquidator) v Tucker [2018] FCAFC 144 (29 August 2018) was whether financial documents of a discretionary trust ought to be produced for the purpose of a liquidator investigating the ability of an examinee (and former...
The Fair Work Commission has introduced unpaid domestic violence leave into all industry and occupational awards, effective 1 August 2018. Subject to meeting evidentiary requirements, award-covered employees are now entitled to family and domestic v...
The recent decision of Brereton J in In the matter of SurfStitch Group Limited [2018] NSWSC 164 reinforces the nature and fundamental importance of the exercise of making a “just estimate” of the value of creditors’ claims for voting purpose...