Insolvency Reforms: for better or for worse?

On 24 September 2020, the Australian Federal Government announced what it called the most significant reforms to Australia's insolvency framework in over 30 years. "The reforms, which draw on key features from Chapter 11 of the...

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Case Note: Ko v Hall and Ors [2020] VSCA 224

On 4 September 2020, the court of appeal handed down its decision in Ko v Hall and Ors [2020] VSCA 224. The main issue in this case was whether a determination by the medical panel made outside of the time frame prescribed by s 2...

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Victorian Court of Appeal rules on third party unfair preference payments

On 5 August 2020, the Victorian Court of Appeal handed down its judgment in Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198, providing clarity on the circumstances in which a third party payment may amount to an unfair pre...

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Flexibility within reason – Recent cases demonstrate limitations on the exercise of JobKeeper enabling directions

Since 9 April 2020, the temporary JobKeeper legislation has allowed employers to vary the working hours of employees in response to the COVID-19 pandemic. This JobKeeper enabling direction, among others, aims to assist businesses ...

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Shareholders’ Agreements – What are they and what are they for?

As the name suggests, a Shareholders' Agreement is an agreement between the shareholders of a company, which sets out the rules and processes that will apply to shareholders investing in and participating in the decision making of...

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High Court clarifies sick leave entitlements – the Mondelez decision

On 13 August 2020, the High Court of Australia handed down its highly-anticipated decision in the Mondelez case.[1] Employers welcomed the decision since the High Court accepted the arguments put forward by the employer, Mondelez,...

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