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Insolvency

Parkway One, commercial morality and the Court’s refusal to terminate winding up

In the recent decision of In the matter of Parkway One Pty Limited (in liquidation) [2019] NSWSC 1495 (Parkway), Rees J dismissed an application to terminate the winding up of Parkway One Pty Ltd (in liquidation) (the Compan...

Published by Foez Dewan
10 December, 2019
Insolvency

Winner takes all – what priority is afforded to a cost order made against a company in liquidation after the commencement of the winding up?

Generally, once a company enters into liquidation, litigation against that company cannot be commenced or be continued without the leave of the Court (Corporations Act 2001, s 471B). However, occasionally a liquidator may cause a company to ...

Published by Andrew Lacey
9 December, 2019
Litigation and Dispute Resolution

Rebuilding after bushfire

Recently New South Wales has experienced unprecedented devastating bushfires, which have destroyed over 450 homes. With summer on our doorstep and the predicted dangerous bushfire season, it is timely to know the methods and requirements of reconstru...

Published by McCabes News
27 November, 2019
Insolvency

Federal Court disqualifies liquidator for breach of duties

The Federal Court of Australia recently struck off an insolvency practitioner from the register of liquidators and restrained him for ten years for acting as an insolvency practitioner. The case concerns the conduct of David Iannuzi, who the Court fo...

Published by Andrew Lacey
20 November, 2019
Litigation and Dispute Resolution

Still unsure about Briginshaw?

In a recent decision, The Estate of Shirley Gardner, Bernengo v Leaney [2019] NSWSC 1324, the NSW Supreme Court was asked to consider the circumstances in which the Briginshaw principle may be invoked. In this case, the Court declined to app...

Published by Andrew Lacey
12 November, 2019
Employment

The Fair Work Commission’s Annual Report for Financial Year 2018-19: What employers need to know

The Fair Work Commission's (FWC) annual reports provide employers with insight into the emerging trends in the field of employment law. With the release of the report for the 2018-2019 financial year, employers are encouraged to have...

Published by McCabes News
28 October, 2019
Commercial

The ACCC updates its Immunity and Cooperation Policy for Cartel Conduct

From 1 October 2019, the ACCC’s updated Immunity and Cooperation Policy for Cartel Conduct (the Policy) will apply to those seeking immunity for their involvement in cartel conduct, the Policy clarifying the ACCC’s expectations of immunit...

Published by Chiara Rawlins
20 October, 2019
Employment

De facto partners and the law of intestacy – it’s all about the facts

Last week the Supreme Court of New South Wales handed down judgment in an estate dispute where it applied the law of intestacy to a complex factual scenario involving a de facto partner who was in a secret relationship with the deceased: Estate o...

Published by Andrew Lacey
10 October, 2019
COVID-19

Hitler video – funny or foul?

The Fair Work Commission considered whether an employee's dismissal for a parody of enterprise bargaining negotiations was an unfair dismissal in Tracey v BP Refinery (Kwinana) Pty Ltd [2019] FWC 4113.   Background

Published by McCabes News
3 October, 2019
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