Federal Court of Appeal Gunns down peak indebtedness rule

Introduction In a major blow to liquidators, on 10 May 2021 the Federal Court Appeal in Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) [2021] FCAFC 64 ("Gunns Appeal") held that liquidators ...

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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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COVID-19 Vaccines – Critical Questions for your Workplace

Guidance for the vaccine roll out in Australian workplaces was released by the Federal Government on 19 February 2021.  This took place via a media release from Christian Porter, Minister for Industrial Relations and updated guid...

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New Customs legislation to change the effect of recent Australian cases – However, we still need to learn French

Over the past few years, Customs has had some major, and at times, surprising losses in Australian Courts and Tribunals (including one case where wheelie bins were classified as vehicles!).  The most high profile loss concerned t...

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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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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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