In a landmark decision with major consequences, the High Court of Australia unanimously reversed a decision of the Full Court of the Federal Court on 4 August 2021(WorkPac Pty Ltd v. Rossato & ors [2021] HCA 23) (see earlier a...

Introduction A bankruptcy trustee has the power to disclaim interests in land that are burdened with onerous covenants, unsaleable or not readily saleable. On doing so, the interest formerly held by the bankrupt re-vests in the C...

In the matter of Pacific Steelfixing Pty Ltd [2021] NSWSC 2021, the liquidator failed in his claim to recover 19 alleged unfair preference payments totalling $740,000 from the ATO.   The case turned on whether the impugned payme...

Introduction The recent decision of the Administrative Appeals Tribunal in Re: 0 Love 0 Pty Ltd (in liquidation) ATF Cooley Trust 1, Cooley Trust 2 & Cooley Trust 3 illustrates the importance of identifying the capacity of a ...

Introduction The Federal Court of Australia recently considered in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 ("Proceeding") the circumstances in which a Jones v Dunkel (1...

In November 2020, the NSW Supreme Court of Appeal determined that insurers could not deny business interruption insurance claims based on an exclusion clause in certain policies that made specific reference to a repealed Quarantin...