Encouraging a Circular Economy in NSW: the New Plastic Reduction and Circular Economy Act 2021

Production stewardship Scheme The circular economy aims to reduce the use of virgin materials by encouraging the use of recycled and repurposed materials that can continue to circulate in the economy. The circular economy maxi...

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Rising tide of financial distress

There is a rising tide of concern that we will soon see significant financial distress in the private sector.  Sobering headlines such as 'Building industry facing slump' (The Age, 20 May 2022) remind us that the worst of the pos...

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When are “reasonable additional hours” unreasonable? – Federal Court to penalise meat industry employer

In a recent decision on 6 May 2022, the Federal Court has held that an employer contravened the Fair Work Act 2009 (Cth) ("the Act") after requiring its employee to work unreasonable hours in excess of 38 hours per week in contrav...

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Liquidators’ Equitable Lien “hammered”

In Volkswagen Financial Services Australia Pty Ltd v Atlas CTL Pty Ltd (Receivers and Managers Appointed)(In liquidation) [2022] NSWSC 573, Justice Hammerschlag of the Supreme Court of New South Wales dismissed a claim by administ...

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Approbate and reprobate – does an administrator need to inquire into the validity of their appointment?

Introduction On 9 May 2022, the Supreme Court of Brisbane handed down its decision in Stimpson v Allied Rural Pty Ltd (subject to deed of company arrangement) & Ors [2022] QSC 74. The case concerned an application by an admin...

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Full Court shuts down set-off as a defence to unfair preference claims

In Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228 ("Morton"), the Full Court of the Federal Court has delivered a resounding "No" to the question of whether set...

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