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UPDATE: Changes to the COVID-19 insolvency and bankruptcy protections

In March 2020, the Australian Government introduced a suite of changes to the federal insolvency and bankruptcy laws in response to the economic impact of COVID-19. These measures were initially implemented for a six-month period and included increas...

Published by Foez Dewan
12 January, 2021
Insurance

Uninsured working director is not an extended definition worker under section 175

In Greenaway v Prestige Helicopters Pty Ltd [2020] WADC 159 the appellant sought to argue, amongst other things, that an uninsured working director can still nonetheless claim compensation from a “principal” pursuant to section 175(1) of ...

Published by David Burton
17 December, 2020
Insurance

Skiing in a winter wonderland: A dangerous recreational activity?

The NSW Supreme Court has ruled in favour of Perisher Blue, characterising skiing as a ‘dangerous recreational activity’ for the purposes of section 5L of the Civil Liability Act 2005 (NSW) (CLA). This joins a plethora of recent cases tha...

Published by McCabes News
15 December, 2020
Insolvency

Will the Court grant leave to continue proceedings when an association enters voluntary administration before final orders?

The NSW Court of Appeal has recently dealt with the issue of whether leave should be granted to allow proceedings to continue to final orders in a situation where administrators were appointed after publication of the Court's reasons, but before fina...

Published by Foez Dewan
15 December, 2020
Employment

Applicability of Insolvency Practice Schedule and Insolvency Practice Rules to incorporated associations

In the judgment of In the matter of Order of AHEPA NSW Incorporated [2020] NSWSC 1626, the NSW Supreme Court has provided helpful guidance to administrators as to whether the Insolvency Practice Schedule (Corporations) (IPSC...

Published by Foez Dewan
14 December, 2020
Litigation and Dispute Resolution

From ploughshares to swords: misleading and deceptive conduct for warranties and spare parts

The Australian Competition and Consumer Commission has commenced proceedings before the Federal Court of Australia against AA Machinery Pty Ltd (trading as Agrison), alleging breaches of the Australian Consumer Law (ACL

Published by Chiara Rawlins
8 December, 2020
Litigation and Dispute Resolution

Oscar Wylee “improperly exploited the good nature of consumers” through its false charitable promises, the Federal Court finds

The Australian Competition and Consumer Commission (ACCC) was recently successful in its action against Oscar Wylee Pty Ltd (Oscar Wylee), with the Federal Court ordering a $3.5 million penalty for its contraventions...

Published by Chiara Rawlins
8 December, 2020
Insolvency

We all scream for ice-cream! ACCC alleges Peters hindered or prevented competition for the supply of ice-cream

On 19 November 2020, the ACCC commenced Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct in contravention of section 47(1) of the Competition ...

Published by Andrew Lacey
7 December, 2020
Government and Administrative Law

Non-compliant bankrupts and the Court’s ability to intervene

When a person becomes a bankrupt, they are legally obliged to fill out and submit a statement of affairs to their trustee in bankruptcy, for the purpose of disclosing all of the bankrupt's assets, liabilities and recent transactions. This is designed...

Published by Andrew Lacey
6 December, 2020
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