Unfair contract terms reforms – Stronger unfair contract protections proposed for consumers and small business

The Australian Consumer Law and ASIC Act each contain identical provisions that give consumers and small business the right to have contract terms in standard form contracts declared to be void if they: cause a significant im...

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ASIC promises to initially “go easy” on enforcement of new laws affecting the financial services industry commencing early October 2021

The heading might well be regarded as an “oxymoron” but at least it is eye catching. The following law reforms commence in October 2021, affecting both financial services providers and providers of credit services: R...

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Federal Court finds Qantas took adverse action in outsourcing its workforce

In a watershed moment for trade unions and their plight against outsourcing, the Federal Court has delivered its decision in Transport Workers Union of Australia v Qantas Airways Limited. On 30 July 2021 the Federal Court held ...

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Insolvency sans Borders

Introduction Cross-border insolvency is becoming increasingly common in the globalised world.   This article will review the mechanisms available to deal with cross-border insolvencies, as applied in the recent decision of Just...

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Back to the Future – Testing Insolvency

Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 arose from the collapse of Arrium Ltd and a number of its subsidiaries in April 2016. It is a complex case...

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Third party funds and a company’s solvency

Introduction In Quin v Vlahos [2021] VSCA 205, the Victorian Supreme Court of Appeal recently considered the interesting question of when third party funds can be taken into account in determining a company's solvency.  The Cou...

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