July 29, 2020

Alternatives to Bankruptcy

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 […]
July 29, 2020

Can I be sacked for breaching company policies?

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, […]
July 29, 2020

Competing creditor claims over assets of insolvent trustees

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 […]
June 30, 2020

Anti-Phoenixing Laws and Director Penalty Notices

Anti-Phoenixing Laws and Director Penalty Notices Important Updates for Directors Company directors should note new laws increasing their exposure to personal liability for certain debts and creating new criminal offences and civil penalties under the Corporations Act 2001 (Cth). The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020, as the […]
June 30, 2020

COVID-19 Important updates for financially distressed businesses

COVID-19 Important updates for financially distressed businesses This material is general in nature and incorporates information regarding proposed or pending legislative changes to address the potential economic and other impacts of the Coronavirus (COVID-19) pandemic. On 22 March 2020, the Australian Federal Government delivered its second response to the economic […]
June 30, 2020

You said what? All about defamation claims

You said what?  All about defamation claims ‘He said’, ‘she said’, ‘they said’. Defamation cases can attract a lot of attention in the media, particularly when they involve well-known celebrities like Rebel Wilson or Geoffrey Rush. Defamation cases, however, are not exclusive to those with a high profile. Use of […]
April 17, 2020

Contractual obligations in a COVID-19 world

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, […]
April 17, 2020

Data and privacy implications in a COVID-19 world

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 […]
April 17, 2020

Workplace management in a COVID-19 world

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 […]
April 17, 2020

Commercial Leasing and COVID-19

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 […]
April 17, 2020

Unfair dismissal at the end of a fixed term contract. What?

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] […]
April 17, 2020

Applying for Substitution in Winding Up Proceedings

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, […]