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Employment

Beyond a shadow of a doubt – former director faces imprisonment for insolvent trading

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...

Published by Foez Dewan
16 June, 2020
Employment

Some “casuals” may get both casual loadings and paid leave

A Full Federal Court decision handed down on 20 May 2020 has upheld the view that casual employees who had a firm advance commitment as to the duration of their employment or the days and hours they would work are in fact permanent employees and are ...

Published by McCabes News
1 June, 2020
Building and Construction

A busy week for wage theft: record penalties imposed and two class actions launched

Yesterday, the Federal Court imposed record penalties of $891,000 against the operators of three Hero Sushi takeaway outlets for underpaying workers and providing false records to the Fair Work Ombudsman (FWO). The decision follows t...

Published by McCabes News
19 May, 2020
Corporate

Relief for landlords: Land Tax Relief Package to help landlords come to the table

In conjunction with the recently enacted Retail and Other Commercial Leases (COVID-19) Regulation 2020 (the Regulations), the NSW State Government has now implemented their $440 million land tax relief package to assist comm...

Published by Foez Dewan
28 April, 2020
Corporate

National update on the Mandatory Code of Conduct – Commercial Leases

The much anticipated National Cabinet Mandatory Code of Conduct for commercial leases (including retail, office and industrial) has been revealed. It is now up to each State and Territory to pass the relevant legislation to give effect to the rent re...

Published by McCabes News
9 April, 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
Employment

Underpayment of wages – no business is immune

In Australia, there has been increased scrutiny by the Fair Work Ombudsman, the regulator, on employer's underpayment of wages or "wage theft" as it is commonly known. George Calombaris of MasterChef fame, Heston Blumenthal, Subway and supermarket gi...

Published by McCabes News
12 February, 2020
Employment

High Court of Australia clarifies whether property held by a bankrupt on trust for another vests in the bankrupt’s trustee

In the recent decision of Boensch as Trustee of the Boensch Trust v Scott Darren Pascoe [2019] HCA 49, the High Court has clarified whether property held by a bankrupt on trust for another vests in the bankrupt's trustee in bankruptcy, and t...

Published by Foez Dewan
17 December, 2019
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