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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...
The Australian Securities and Investments Commission (ASIC) has recently invoked its statutory powers under section 206F of the Corporations Act 2001 (Cth) (the Act) to disqualify a Queensland director from ...
The recent judgment of the WA Supreme Court (WASC) in the matter of Parkin v Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) [2020] WASC 306 (Parkin) saw a significant increase in the amount previously awarded to mesothelioma sufferers in re...
The Fair Work Commission has recently dealt with three disputes concerning employees who were stood down during the COVID-19 pandemic, either through the pre-existing provisions in the Fair Work Act or a Jobkeeper enabling stand down direction. Given...