News & Blog

A company’s non-compliance with a statutory demand is the most common method of proving its insolvency in any winding up proceedings. Generally, if it does not make good the debt under the statutory demand within 21 days of service, the company will ...

The last few years have seen the Commonwealth increasingly crack down on misuse of the Fair Entitlements Guarantee, or FEG, program. The cases that have resulted have led to various disputes in insolvency law about the priorities of different credito...

The Full Bench of the Fair Work Commission has made an important ruling regarding the Small Business Fair Dismissal Code, confirming that small business employers must give their employees an opportunity to respond to a warning prior to their dismiss...

Prior to March 2017, any right to sue that comprised an asset of a bankrupt’s estate could only be litigated by the trustee of the bankrupt. The inability of a trustee to assign a bankrupt’s cause of action resulted in many such actions not being lit...

On 24 July 2018 Mark McVeigh (McVeigh), a 23-year-old, commenced proceedings in the Federal Court of Australia against his super fund, Retail Employees Superannuation Fund Pty Ltd (REST) to require REST to provide hi...

Employers using complex corporate structures to exploit workers beware: the court can, and will, hold directors personally liable for using such structures to avoid their obligations under the Fair Work Act 2009 (Cth).   Ba...

The Limitations Act 1969 (NSW) (Limitations Act) establishes time limits within which plaintiffs must commence civil proceedings, including for the recovery of a debt. A failure to bring a claim within the relevant time peri...

In our previous article we discussed how the amendments set out in Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) wi...