Insights

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A winding up application made during a receivership

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Introduction In Empire Capital Partners Pty Ltd v CMB Investments 1993 Pty Ltd [2021] FCA 605 (“the Winding-up Proceeding”), the Federal Court of Australia examined the relevant principles applicable to the adjournment of a winding...

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Clearing Away the Mud: Supreme Court clarifies Vesting of Disclaimed Property

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Introduction In Re Empire Plant Hire Pty Ltd (in liq) [2021] VSC 549 (“Empire Plant“), the Supreme Court of Victoria recently considered the interesting question of when a receiver may be appointed over disclaimed property...

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When mine is yours and yours is mine

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In Commonwealth of Taxation v Bosanac (No 7) [2021] FCAFC 158, the Full Court of the Federal Court of Australia has delivered a judgment which is sure to impact on the acquisition of property in...

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It’s time now to make arrangements and plans for the children over the summer

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Now that COVID-19 restrictions are easing across Australia, people are planning their holidays and family celebrations over the summer break. If you are separated or divorced and are keen for your children to spend time...

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No Jab, No Job! Refusal to Get Vaccinated held a Valid Reason for Dismissal

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On 27 September 2021 the Full Bench upheld the dismissal of an employee who refused to get vaccinated. In Jennifer Kimber v Sapphire Coast Community Aged Care [2021] FWCFB the majority held that the employee’s...

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Victorian Government launches new loans framework for councils

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From 1 January 2022, Victorian councils seeking financial assistance will be able to take advantage of the new Local Council Lending Framework (new Framework). Under the new Framework, councils will have access to a low...

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New breach reporting regime for holders of Australian Financial Services Licences and Credit Licences

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Regulatory breach reporting is a concept that has been in and out of favour since the FSR reforms of twenty years ago.  After the introduction in March 2002 of the breach reporting obligation of Australian...

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Deadline for Casual Conversion is Fast Approaching

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Earlier this year, reforms were made to the Fair Work Act 2009 (‘the Act’) to offer greater certainty about the rights and obligations that govern casual employment.  For a full overview of these amendments, please...

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Unfair contract terms reforms – Stronger unfair contract protections proposed for consumers and small business

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The Australian Consumer Law and ASIC Act each contain identical provisions that give consumers and small business the right to have contract terms in standard form contracts declared to be void if they: cause a...

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ASIC promises to initially “go easy” on enforcement of new laws affecting the financial services industry commencing early October 2021

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The heading might well be regarded as an “oxymoron” but at least it is eye catching. The following law reforms commence in October 2021, affecting both financial services providers and providers of credit services: Reform...

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Federal Court finds Qantas took adverse action in outsourcing its workforce

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In a watershed moment for trade unions and their plight against outsourcing, the Federal Court has delivered its decision in Transport Workers Union of Australia v Qantas Airways Limited. On 30 July 2021 the Federal...

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Insolvency sans Borders

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Introduction Cross-border insolvency is becoming increasingly common in the globalised world.   This article will review the mechanisms available to deal with cross-border insolvencies, as applied in the recent decision of Justice Derrington in Yit (Trustee),...

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