The Local Government Act 2020 – Stage 4 changes to take effect 1 July 2021

As part of the extensive overhaul of the Local Government Act 1989 (old Act), stage 4 of the  Local Government Act 2020 (new Act) is set to commence on 1 July 2021. This stage will see several more changes to the rules governing ...

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To disclaim or not to disclaim, that is the question

In Rohrt (in their capacities as joint and several liquidators of Rose Guerin and Partners Pty Ltd (in liq)) v Princes Square W24NY Pty Ltd (as trustee for the Rose Guerin and Partners Trust) [2021] FCA 483, Justice Anderson in th...

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De-ductive reasoning – Liquidators win de-facto director dispute

Introduction On 10 May 2021, the Supreme Court of Victoria handed down its judgments in an insolvent trading proceeding instituted by the liquidators of Walsh Engineering Services Pty Ltd (in liq) ("the Company"). The liquidators...

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Pride & prejudice – are online hearings unfair?

COVID-19 has had, and continues to have, a major impact on court processes for all parties involved. Courts have been quick to adapt by transitioning to video link hearings. While the height of the pandemic appears to be over in A...

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Unfair preferences under failed DOCA

Introduction The recent decision of Rees J in the New South Wales Supreme Court in the matter Re, Western Port Holdings Pty Ltd (Recs and Mgrs Apptd) (2021) 150 ACSR 274 ("Western Port") considers the vexed question of when a thi...

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After the Warrnambool case, proceed with … fairness

Our earlier article on the Supreme Court judgment that ordered the reinstatement of Warrnambool's CEO after he was dismissed by a majority of Councillors has generated a lot of comments and questions, especially after our Managing...

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