The ‘Magic’ of s447A

Introduction On 1 September 2022, in Re Lord, Invigor Group Ltd (admins apptd) [2022] FCA 1064, the Federal Court of Australia relieved administrators from liability in respect of a funding agreement with a secured creditor to tr...

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Liquidators face public examination

In the matter of Dampney and Others v Matta and Another [2022] NSWSC 356, the liquidators and former administrators of Jewel of India Holdings Pty Ltd ("Jewel Holdings") were unsuccessful in setting aside examination summonses iss...

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High Court upholds continued operation of presumption of advancement

On 12 October 2022 the High Court of Australia in Bosanac v Commissioner of Taxation [2022] HCA 34 confirmed the continued operation of the presumption of advancement as part of the general law in Australia.  The decision reverse...

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Unfair contract terms: “More competition, better prices”

On 27 October 2022, the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 passed through the Senate, and now awaits Royal Assent. Among other things, the amendments mark a significant expansion of the unfair c...

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Protect your Confidential Information! Why having an NDA is important

What is confidential information? Confidential information is arguably the most valuable type of information a business has. Generally speaking, it is information that: is not common knowledge or in the public domain; ...

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Contractors penalised for bid rigging – a high price to pay!

Two roof tiling companies and their sole directors have been penalised $420,000 in Federal Court proceedings for illegal cartel conduct. The directors admitted that they breached cartel laws by bid rigging two slate roofing projec...

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