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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Tracing the Transfer

In the recent case of Bredenkamp (The Trustee of the Property of McKelt, a Bankrupt) v McKelt [2021] FCCA 468, Judge Street of the Federal Circuit Court of Australia considered the circumstances in which a series of dealings can b...

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Commercial Tenancy Relief Scheme in Victoria – Details now available

As one of the measures to assist businesses impacted by the latest COVID-19 lockdowns, the Victorian Government announced on 28 July 2021 the reinstatement of the Commercial Tenancy Relief Scheme for commercial and retail tenants....

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