Alternatives to Bankruptcy You may know someone who is having difficulty managing their financial affairs and has debts and liabilities which they cannot meet. They may be considering declaring themselves bankrupt. Before they do so, consideration should be given to some alternatives which are available aside from becoming bankrupt and […]

Can I be sacked for breaching company policies? The circumstances unique to each case must be considered in determining whether it is lawful to terminate an employee for conduct that contravenes company policy. Generally, however, if a breach of policy results in unlawful conduct such as bullying, harassment or discrimination, […]

Competing creditor claims over assets of insolvent trustees The High Court of Australia has confirmed the status of priority creditors prescribed by s 433 of the Corporations Act 2001 (Cth) incidental to the winding up of a trading trust –  Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA […]

Contractual obligations in a COVID-19 world With the advent of COVID-19, there have, of course, been substantial changes to the global economy and the way we go about business. More challenging, these impacts continue to be in flux as the virus wreaks havoc around the world. As this crisis deepens, […]

Data and privacy implications in a COVID-19 world There is no question data privacy and security are essential. From a commercial perspective, a single company – and no, not just Amazon – may possess the personal information of millions of customers. It is increasingly important this data be kept private and […]

Workplace management in a COVID-19 world There have been unprecedented initiatives, recommendations and measures undertaken by public authorities in light of COVID-19. The problem is these have, in some cases, been knee-jerk reactions often based on insufficient information and which may ultimately lead to questionable financial outcomes for both employers […]

Commercial Leasing and COVID-19 Mandatory Code of Conduct released The economic impact of COVID-19 on business generally, and commercial leasing arrangements has been the focus of many landlords, tenants and governments. On 7 April 2020, the Federal Government released its much-anticipated Mandatory Code of Conduct – SME Commercial Leasing Principles […]

Unfair dismissal at the end of a fixed term contract. What? Fixed-term employment contracts are common in many workplaces. Understandably, most employers consider they would be protected from an unfair dismissal claim once the term ends. However, in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English (‘Navitas’) [2017] […]

Applying for Substitution in Winding Up Proceedings In winding up proceedings, if the debtor company pays out the applicant’s debt, the Court has power to order the substitution of another creditor as the applicant for a winding up. The substitution process can be very cost-effective and efficient because after substitution, […]

Alternative Dispute Resolution Explained Litigation can be a costly and time consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) and their respective benefits and limitations.   What is ADR? The term ADR […]

How an ABN clerical error cost a company $23 million The Personal Property Securities Act 2009 (Cth) (PPSA) provides a national framework for registering interests in personal property. These interests are recorded on a central register known as the Personal Property Securities Register (PPSR). Registration on the PPSR is an […]

“Without Prejudice” Privilege: Are your rights protected? You may have seen the words “without prejudice” appear on legal correspondence. In this article we look at what those words mean and how they can help you in settlement negotiations.   What is “without prejudice”? At common law, communications between parties (both […]