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...

Read More →

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...

Read More →

Supreme Court’s reinstatement of Council CEO is a warning to Councillors

A recent Victorian Supreme Court decision serves as a warning for Councils to ensure that they provide procedural fairness to CEOs if they wish to dismiss them prior to the expiry of their contracted term, in order to ensure that ...

Read More →

Debt management and credit repair companies required to hold an Australian Credit Licence from 1 July 2021

In our alert on 4 March 2021 we commented on an exposure draft of proposed legislation (the National Consumer Credit Protection Amendment (Debt Management Services) Regulations 2021) requiring that debt management and credit r...

Read More →

No Good Deed Goes Unpunished

The case of Tjoputra v Secretary, Attorney-General's Department [2021] AATA 1596 illustrates a "decision accordingly to law producing a result which is both unfair and unjust". That was the unedifying description given to it by th...

Read More →

Conflicts of interest and the council budget

With the annual season for formal adoption of next year’s council budget upon us, we are receiving regular enquiries from councils on how best to deal with questions of councillor conflicts of interest. The definition of Gene...

Read More →
1 24 25 26 27 28 71