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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 ...
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 ...
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...
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...
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...
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...
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 ...
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...
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...