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Litigation and Dispute Resolution

Think quick! PPSR Registrations are expiring

The Personal Property Securities Register (PPSR) commenced seven years ago on 30 January 2012. Since then, registering and monitoring securities over personal property through the register has become an intrinsic practice for both bu...

Published by Andrew Lacey
4 February, 2019
Litigation and Dispute Resolution

The Final Report for the Royal Commission: Creating a beast that reaches beyond the financial sector

Commissioner Kenneth Hayne’s final report for the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released yesterday to reveal his recommendations to re-install public trust in the conduct, practice...

Published by Andrew Lacey
4 February, 2019
Insolvency

ASIC takes strong stance to “litigate first” following the Financial Services Royal Commission

The Australian Securities and Investment Commission has indicated that its New Year resolution is to be much more litigious. The comments, made by new Commissioner Sean Hughes earlier this month come in the wake of recommendations by Commissioner Dan...

Published by Andrew Lacey
29 January, 2019
Government and Administrative Law

The year ahead for directors: what’s in store for 2019?

The Federal Government has progressed a number of legislative initiatives that will impact on directors and are likely to come into effect in 2019 if they go ahead. The proposed new laws include significantly increasing civil and criminal penalties f...

Published by Andrew Lacey
19 December, 2018
Employment

Costs Orders against Non-Party Directors

The recent case of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461 serves as a reminder to directors and other non-parties whose conduct materially influences t...

Published by Andrew Lacey
19 December, 2018
Insolvency

You snooze, you lose – Court refuses to reinstate former directors when winding up almost complete

In a recent case, Emmett AJA of the Supreme Court of New South Wales refused to make an order to terminate the winding up of an incorporated association. In this article, we re-examine the principles with which the Court will have regard when determi...

Employment

Klooger v Foodora: FWC delivers decision on employee versus contractor

The Fair Work Commission has ruled in favour of a Foodora rider, finding that he was an employee (not a contractor) for the purposes of the unfair dismissal jurisdiction. In this article, Nicola Martin and Erin Kidd explore the key themes emerging fr...

Published by McCabes News
13 December, 2018
Insolvency

Australian company and its sole director hit with highest penalties ever imposed for breach of the Australian Consumer Law

This article contains a summary of two recent developments in case law and legislation, which significantly increase the penalties that companies and their directors may be liable for misleading and deceptive conduct in breach of the Australian Consu...

Published by Foez Dewan
12 December, 2018
Litigation and Dispute Resolution

Two years later: review of unfair contract protections for small businesses

Over two years ago on 12 November 2016, the unfair contract term protections were extended to small businesses and took effect. The Treasury recently released its discussion paper on the protections and has invited interested parties to provide feedb...

Published by Andrew Lacey
10 December, 2018
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