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Legal perspectives from our expert lawyers
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It is well known that directors of a company owe fiduciary duties to the company in addition to the statutory duties imposed by the Corporations Act 2001 (Cth). ‘Fiduciary duties’ are often loosely referred to as duties of loyalty a...
The high income threshold has increased to $145,400, effective from 1 July 2018. The Fair Work Commission has released its annual increase to the high income threshold. This threshold affects how modern awards apply to employees and, importa...
As of 1 July 2018, purchasers are required to withhold the GST component of certain property transactions and remit the amount to the Commissioner of Taxation on or before settlement. The amendments were implemented to prevent ‘phoenixing’, whereby p...
It is common to have ‘ipso facto’ clauses included in commercial contracts, so that a contracting party becomes automatically entitled to enforce its rights against the counterparty upon the occurrence of one or more events specified in the contract....
Ordinarily, a company entering liquidation is considered the commercial equivalent of “game over”, “checkmate”, “the end”, “K.O” or whatever other synonyms creditors can conjure up. This would be true for the most part because, at the end of the liqu...
Fair Work Ombudsman v Yenida Pty Ltd & Anor [2017 FCCA 2299]; Fair Work Ombudsman v Yenida Pty Ltd & Anor [2018] FCCA 1342 A Tasmanian hotelier and his company have been fined $211,104 for rampant underpayments and deliberately expl...
Benjamin Gigney v Qantas Airways Limited T/A Qantas [2018] FWC 1352 A recent case in the Fair Work Commission has contemplated when a breach of a workplace conduct policy can justify dismissal. The case also makes it clear t...
United Voice v Berkeley Challenge Pty Limited [2018] FCA 224 The Federal Court of Australia has made an important ruling regarding an exception to make redundancy payments to employees under the Fair Work Act 2009 (Cth) (FW ...
The statutory demand is a formidable card up a creditor’s sleeve that can result in a company being deemed to be insolvent if it does not pay the creditor’s debt within 21 days of service of the demand. Whether a statutory demand served on an incorp...