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...
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...
In our previous article we discussed how the amendments set out in Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) wi...
The European Union (EU) has introduced the General Data Protection Regulation (GDPR). The GDPR introduces a new set of rules around data processing and privacy. The rules are fairly prescriptive, and apply broadly to...
One would assume that people would think twice before using Pokémon’s jealously guarded characters without Pokémon’s permission. However, as seen in the recent case of Pokémon Company International, Inc v Redbubble Ltd [2017] FCA 1541, some ...
The High Court will consider the validity of “holding” deed of company arrangements (commonly known as “holding DOCAs”) under the Part 5.3A of the Corporations Act (the Act). Holding DOCAs have bee...
A brief look at decisions involving termination of employment for conduct involving social media reveals that employers often take swift disciplinary action following what they consider to be inappropriate conduct on social media by an employee. Howe...
1. Section 90K(1)(aa) of the Family Law Act 1975 (Cth) provides that a court may set aside a financial agreement if the court is satisfied that a party to the agreement entered into the agreement for purposes including the purpose o...
In its first decision under the new unfair contracts regime that extends to standard form small business contracts, the Federal Court has found several terms to be unfair, and therefore, void. In October we published an