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Insolvency

Priority disputes and insolvent trading trusts: High Court of Australia grants special leave

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...

Published by Andrew Lacey
19 September, 2018
Insolvency

Can a bankruptcy trustee acquire then sue on causes of action held by a third party?

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...

Published by Foez Dewan
18 September, 2018
Insolvency

Amendments to the Farm Debt Mediation Act come into effect

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

Published by Foez Dewan
10 September, 2018
Insolvency

Get ready – your business is probably caught by Europe’s new data protection laws.

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...

Published by McCabes News
25 May, 2018
Insolvency

Pokémon pops Redbubble in the Federal Court

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 ...

Published by Andrew Lacey
10 April, 2018
Insolvency

Validity Of Holding DOCAs In Doubt

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...

Published by Andrew Lacey
2 April, 2018
COVID-19

Can an employee’s personal use of social media amount to grounds for dismissal?

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...

Published by McCabes News
8 March, 2018
Insolvency

Keeping it in the family: standing of a trustee in bankruptcy to set aside a financial agreement

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...

Published by Andrew Lacey
12 December, 2017
Insolvency

Unfair Contracts – JJ Richards contract terms declared unfair

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

Published by Andrew Lacey
6 December, 2017
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