Landlords’ “Super Priority” for unpaid rent of insolvent tenants

Introduction With the full impact of Stage 4 Restrictions on Victorian businesses yet to be felt, the Federal Court of Australia decision in Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) ...

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Brace yourselves… ‘Director Identification Numbers’ are coming!

On 12 June 2020, the Federal Parliament passed the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, which establishes a lifetime registration system for company directors with the aim of combating i...

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WorkPac’s gamble to double-down doesn’t pay off on double-dipping – Court confirms casual employees may not be as ‘casual’ as you think

In the high-profile sequel to the Skene decision, another "casual" labour-hire worker has won the right to paid leave entitlements usually reserved for permanent employees. The Full Bench of the Federal Court handed down its de...

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Court orders variation of unfair contract terms – lessons when using unilateral variation clauses

A recent Federal Court decision could serve as a guide when incorporating unilateral variation clauses into standard-form contracts with small business and consumers. ASIC successfully obtained orders declaring void and varying "u...

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All Gunns blazing – Federal Court affirms peak indebtedness rule post-Timberworld

Introduction On 27 May 2020, the Federal Court of Australia handed down its judgments in three separate unfair preference proceedings instituted by the liquidators of Gunns Limited (in liq)(receivers and managers appointed)("Gunn...

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The JobKeeper Payment Scheme – What do I need to know?

What payments are available to employers under the JobKeeper scheme? When is an employer eligible? When is an employee eligible? How do Employers nominate to participate? "One In All In" – An employer cannot pick and choose ...

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