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Corporate

COVID-19 insolvency protections extended until 31 December 2020

Temporary changes to insolvency laws to provide businesses with added protections following the outbreak of Covid-19 were due to expire on 25 September 2020, but have now been officially extended until 31 December 2020.   The Corporations ...

Published by Foez Dewan
28 September, 2020
Insolvency

What happens to a family provision claim in bankruptcy?

Upon bankruptcy, section 60(2) of the Bankruptcy Act 1966 (Cth) (Act) operates to protect those whom the bankrupt was suing, by staying the proceedings until such time as the trustee in bankruptcy elects whether to continue ...

Published by Andrew Lacey
28 September, 2020
Intellectual Property and Technology

Don’t discount your obligations under the Australian Consumer Law – Kogan’s Tax Time Promotion held to be misleading and deceptive

With many retailers now predominantly relying on online sales promotions to generate market interest, the decision of Australian Competition and Consumer Commission v Kogan Australia Pty Ltd [2020] FCA 1004, serves as a timely reminder to re...

Published by Chiara Rawlins
16 September, 2020
Government and Administrative Law

That’s not an unfair preference payment, I just told them to do it! – Court finds payment from related third party not an unfair preference

If a company in liquidation makes a payment to an unsecured creditor during or prior to entering into liquidation, the liquidator may flag that transaction and if necessary, seek a determination from the Court that the payment is an 'unfair preferenc...

Published by Chiara Rawlins
16 September, 2020
Insurance

Standing in the way of the obvious: The NSW Court of Appeal confirms the broad statutory definition of recreational activity

When does volunteering at a sporting venue become a dangerous recreational activity? The NSW Court of Appeal continues to apply a broad interpretation to recreational activity in upholding the defence of obvious risk of dangerous recreational activit...

Published by McCabes News
9 September, 2020
Insurance

Delays not a significant injury to medical panels’ jurisdiction

In Victoria, medical panels play a key part in determining whether plaintiffs are entitled to claim non-economic loss damages in public liability litigation. On 4 September 2020 the Victorian Court of Appeal delivered a decision impacting on the vali...

Published by Richard Johnson
9 September, 2020
Insolvency

Can two wrongs make a right? Dealing with company deadlock through statutory oppression

Often in the early stages of establishing a company resources are pooled and liabilities are met equally. As a result, directors agree to divide the company in half with each getting 50% of the shares with a view to working together amicably for the ...

Published by Foez Dewan
8 September, 2020
Insurance

Unreasonable precautions: When the burden of taking a precaution becomes too heavy

The Court of Appeal recently handed down a decision which examined the duty to take reasonable precautions to avoid the risk of harm. A labour hire worker commenced proceedings against Coles Supermarkets Australia Pty Ltd after sustaining a back inju...

Published by Michael Cooper
7 September, 2020
Corporate

Federal Government extends the COVID-19 insolvency protections until 31 December 2020

Today, in a joint media release Treasurer Josh Frydenberg and Attorney General Christian Porter have announced that the Federal Government's temporary insolvency and bankruptcy protections will be extended until 31 December 2020. &n...

Published by Foez Dewan
7 September, 2020
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