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In February 2020 a former director of the Kleenmaid Group of companies became the first person to be sentenced to imprisonment for insolvent trading as a shadow director. Andrew Young was sentenced to 3 years' imprisonment for criminal insolvent trad...
When a person is declared a bankrupt, certain liberties are taken away from that person. One restriction includes a prohibition against travelling overseas unless the approval has been given by the bankrupt's trustee in bankruptcy. This issue was rec...
In the recent decision of Defteros v Google LLC [2020] VSC 219, the Supreme Court of Victoria held search engine Google liable for "publishing" defamatory material. In doing so, the decision has extended the reach of defamation to encompass ...
Is a Claims Assessor obliged to give reasons for accepting or declining an application for discretionary exemption? The Supreme Court provides the answer in Insurance Australia Ltd t/as NRMA Insurance v Wannous. Author: Michael Li Judgment date: 9 Ju...
Officers of corporations, such as directors, owe various duties to their company and can be held personally liable in the event of a breach. This includes duties to avoid insolvent trading, a duty of care and skill, good faith, and to keep books and ...
Is a claimant who seeks statutory benefits under the Motor Accident Injuries Act 2017 entitled to costs in excess of those fixed by the Regulations? The Supreme Court of NSW provided the eagerly‚Äëawaited answer in AAI Limited v Moon. Author: Andrew ...
In March 2020 the Full Federal Court, in a considerably lengthy judgement, dismissed (2-1) an appeal by the former directors of Storm Financial Pty Ltd (Storm), which infamously collapsed in the wake of the Global Financial Crisis in...
The Appellant, Ms Dring was employed by Telstra. During the week of 13 April 2016, she was in Melbourne attending a series of workshops as part of her employment. On one evening during the week, Ms Dring met a colleague and spent the night socialisin...
On 1 June 2020, the New South Wales Court of Appeal handed down the decision of Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102, upholding the finding by a single judge that medi...