News & Blog

Legal perspectives from our expert lawyers

Filter Insights

Latest insights

Clear filters
Litigation and Dispute Resolution

Withdrawing unlawful ASIC forms from ASIC’s register: the importance of safeguarding your company’s corporate key and ensuring proper corporate steps are taken to effect your company’s changes

What happens if there is an internal dispute within a company and ASIC forms are lodged without officeholder or member consent to change the company details of the company on the ASIC register? As was recently held by Black J of the Supreme Court of ...

Published by Andrew Lacey
12 September, 2019
Insolvency

A costly decision for self-represented solicitors and barristers: High Court rules the “Chorley exception” is not part of the common law of Australia

In the recent decision of Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29, the High Court ruled the Chorley exception, which allows self-represented litigants who are solicitors to recover costs incurred for their professional service...

Published by Foez Dewan
10 September, 2019
Government and Administrative Law

Tender of the amount of a statutory demand before a winding up order is made

It is well known that a company served with a statutory demand has 21 days to comply. If the recipient fails to pay the amount of the demand (or obtain a court order extending the period for compliance) within the period of 21 days after the demand i...

Published by Andrew Lacey
10 September, 2019
Government and Administrative Law

Resetting the stopwatch for setting aside statutory demands: how long do you have?

Like many areas of insolvency law, statutory demands have strict procedural requirements as to the timing by which documents must be served. But how is the passage of time calculated? If something is required to be done "21 days after" a document is ...

Published by Andrew Lacey
10 September, 2019
Insolvency

“Going behind” a judgment debt in the bankruptcy context

The decision of the High Court of Australia in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; 261 CLR 132 (Ramsay) clarified the limits of a Bankruptcy Court's discretion to "go behind" a judgment, that is, to...

Published by Foez Dewan
9 September, 2019
Litigation and Dispute Resolution

The High Court rules in favour of the ATO, unlocking the gates to Paradise despite legal professional privilege claimed over corporate documents

In a recent big win for the Australian Taxation Office (ATO), the High Court decision in Glencore International AG v Commissioner of Taxation [2019] HCA 26 was handed down on 14 August 2019, upholding that legal professional...

Published by Andrew Lacey
3 September, 2019
Employment

The importance of getting it right: The difference between poor performance and employee misconduct

Managing employee performance is often challenging for employers and HR professionals, and there can be instances where an employee's performance can be so negligent that it can amount to misconduct.   In Steven Zirilli v StarTrack Express...

Published by McCabes News
27 August, 2019
Litigation and Dispute Resolution

Breaking news: Court orders first Strata Renewal Plan for the collective sale of a strata scheme

The Land and Environment Court has determined the first Strata Renewal Plan be given effect under the Strata Schemes Development Act 2015 (the Act).   In the case of Application by the Owners – Strata Plan No. 612...

Published by McCabes News
14 August, 2019
Employment

It’s the vibe of the thing: Newfound limits on Constitutional protection of political speech at work

In recent years, a growing body of case law has highlighted the circumstances in which an employee may be disciplined or dismissed for their posts on social media. In a landmark decision delivered last week in Comcare v Banerji [2019] HCA 23...

Published by McCabes News
11 August, 2019
SIGN UP FOR INSIGHTS

Get the latest news direct to your inbox

Please enable JavaScript in your browser to complete this form.
Name
*write "Private Individual" if not a company
Which areas of interest would you like to receive communications about via email from McCabes?
Please select as many options as needed.
If yes, please list these above
I consent to receiving marketing communications from McCabes Lawyers Pty Ltd