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Corporate

Out at sea looking for a safe harbour: directors’ duties in the face of COVID-19

With the rampant spread of COVID-19 worldwide, there are increasing concerns as to the financial impact of the outbreak. With forced business closures a potential reality, it seems inevitable that the Australian economy is on its way to a recession. ...

Published by Chiara Rawlins
18 March, 2020
Commercial

Cyber risk during COVID-19 Pandemic: Are your cyber security protocols sufficient?

Unfortunately, we are already seeing COVID-19 being used by cybercriminals looking to capitalise on the public’s fear and uncertainty. In particular, cybercriminals are using COVID-19 to lure unsuspecting individuals into phishing scams. With a...

Published by Andrew Lacey
17 March, 2020
Insurance

Indemnity, liability and quantum: the personal injury trifecta examined in the context of labour-hire arrangements

To what extent is a labour-hire employer negligent when its employee is injured on the premises of a ‘host’? Can a liability insurer rely on an employment-related exclusion clause in the policy to deny the occupier indemnity? What is requ...

Published by McCabes News
16 March, 2020
Commercial

Will my Business Insurance cover me for the impact of COVID-19?

It is inevitable that many Australian businesses will be either directly or indirectly impacted by COVID-19. This may be due to infected staff, travel and import restrictions, or a lack of customers due to people self-isolating, but it will have the ...

Published by Foez Dewan
16 March, 2020
Health & Government

Riding into danger: Motocross, track licencing and dangerous recreational activity defences. What is the proper test?

Following a serious accident during a motocross competition event in 2004, a claim was brought against the State of New South Wales (the Office of Sport) as the entity with the statutory obligation to administer the compulsory scheme for licensing al...

Published by Leighton Hawkes
11 March, 2020
Government and Administrative Law

Pick of the litter: Who can be appointed as a liquidator?

Entering into liquidation can be a scary time for any company and its officers, even one which chooses to do so voluntarily. However, the directors, shareholders and creditors of a company entering into liquidation do not have absolute discretion as ...

Published by Foez Dewan
10 March, 2020
Employment

Has the well been poisoned? The Federal Court approves appointment of ‘provisional liquidator’ as ‘liquidator’ despite concerns of impartiality

On 4 February 2020, the Federal Court of Australia considered the circumstances in which it might be said that a provisional liquidator of a company ought not be appointed as the official liquidator because of an alleged "reasonable apprehension ...

Published by Foez Dewan
10 March, 2020
Employment

How much is too much? The Federal Court grants leave to disclaim a Litigation Funding Agreement with an 80% funder’s premium

What makes a contract an unprofitable contract which can be disclaimed by a trustee in bankruptcy without the leave of the Court under section 133(5A) of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act)? Can a litigation fundi...

Published by Andrew Lacey
9 March, 2020
Litigation and Dispute Resolution

The year ahead for directors: what’s in store for 2020?

In our 2019 article "The year ahead for directors: what's in store for 2019", we discussed some of the Federal Government's proposed change...

Published by Andrew Lacey
2 March, 2020
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