Truck Drivers found to be contractors, lose claim for super

Last year, the High Court made two important decisions that significantly altered the test differentiating employees and contractors. Businesses scrambled to make sure their contracts properly reflected their relationships with em...

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Bearing fruit with Examination Summonses

In the decision of Re Mervyn Jonathan Kitay as liquidator of T & L Produce Marketing; Ex Parte Mervyn Jonathan Kitay as liquidator of T & L Produce Marketing [2022] WASC 299, the liquidator of T & L Produce Marketing P...

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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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Federal Court of Appeal Gunns down peak indebtedness rule

On 24 June 2021 the Federal Court handed down a second decision which provides further updates to this case.  Read our analysis here. Introduction In a major blow to liquidators, on 10 May 2021 the Federal Court Appeal in Baden...

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Will the Australian Tax Office escalate recovery activities?

The end of the insolvency relief measures - including the $90 billion JobKeeper wage subsidy scheme - is widely tipped to bring the biggest economic shock since the pandemic itself, leading to many unprofitable businesses closing ...

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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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