ATO on the watch after liquidators claw back funds despite a Deed of Company Arrangement
In the matter of Western Port Holdings Pty Ltd (receivers and managers appointed)(in liq) [2021] NSWSC 232, Deed Administrators who were subsequently appointed Liquidators of Western Port Holdings Pty Ltd (the Company) clawed back over $2 million worth of payments made to the Australian Taxation Office (ATO) whilst the Company was subject to a Deed […]
ReadmoreFederal Court approves administrators’ entry into funding deed to trade company pending sale
Section 90-15 of the Insolvency Practice Schedule (the IPS) confers on Courts wide powers to adjust rights related to companies in external administration. Here, the administrators of a mining group obtained orders approving their entry into a deed to fund the ongoing operation of the group pending sale and limiting their liability under the deed […]
ReadmoreFederal Court considers whether bankrupt’s property should vest in mortgagees following disclaimer by bankruptcy trustee
The Federal Court’s recent decision in Kellendonk[1] concerned a $350,000 loan made by the applicants, Mr and Mrs Kellendonk, to Ms Maria Jasienska-Dudek to help her buy a property in Midland, Western Australia (Property). Ms Jasienska-Dudek defaulted under the loan agreement and the parties subsequently entered an informal agreement which, after Ms Jasienska-Dudek became a […]
ReadmoreIt’s a brave new world: NZ and Australian courts join to determine a high profile, cross-border insolvency
Cross-border insolvency has ventured into new territory as a judgment is released from the first contemporaneous sitting of the Federal Court of Australia and the High Court of New Zealand. Liquidators originally sought separate directions from each Court regarding the distribution of funds from the insolvency of Halifax New Zealand Ltd (Halifax NZ) and Halifax […]
ReadmoreManaging supply shortages and rising construction costs
As countries around the world counter the economic effects of COVID-19 by undertaking infrastructure projects and stimulating domestic construction, this has impacted global construction markets by creating: a shortage of some building materials; unpredictability in whether materials will be readily available when required; and upward pressure on labour and materials costs. To tackle these issues […]
ReadmoreEU Standard Contractual Clauses – out with the old and in with the new!
On 4 June 2021, the European Commission (EC) released the highly anticipated new Standard Contractual Clauses (SCCs) for cross-border transfers of data under the European Union’s (EU) General Data Protection Regulation (GDPR). The SCCs are a vital tool to enable the compliant international transfer of personal data from the EEA. The new SCCs take into […]
Readmore‘A reasonable and commercial construction?’ Patent time extensions after Ono Pharmaceuticals
The Federal Court of Australia has ordered the Commissioner of Patents to grant Bristol Myer Squibb (BMS) a patent term extension (PTE) for cancer drug Opdivo until 2031, providing certainty to industry around Australia’s intellectual property regime. Background BMS and Ono Pharmaceutical sought judicial review by the Federal Court of Australia after the Australian Patents […]
ReadmoreCOVID-19 | TGA updates guidance for advertising of COVID-19 vaccines to Australian public
In February 2021, we provided an update on the guidance issued by the Therapeutic Goods Administration (TGA) regarding the advertising of COVID-19 vaccines to the Australian public. That update is available here: COVID-19 | TGA issues guidance for advertising of COVID-19 vaccines to Australian public. Under the previous guidance, advertisers were restricted to republishing materials […]
ReadmoreNoosa Shire Council enforcement notices for unlawful vegetation clearing held to be defective
In April 2019, Noosa Shire Council issued multiple enforcement notices to the joint owners of a large rural parcel alleging unlawful vegetation clearing being a development offence under the Planning Act 2016 (Qld) (PA). All of the recipients appealed against the enforcement notices to the Planning and Environment Court which in Serratore & Anor v […]
ReadmoreCouncillor roles in development matters
The conduct of councillors in development matters and their dealings with developers and submitters is often controversial and can pose corruption and misconduct risks. To assist councillors and others manage this engagement, the Office of the Independent Assessor (OIA) has released guidance. The OIA is an independent statutory body responsible for assessing, investigating and prosecuting […]
ReadmoreCoastal Adaption Planning
Like other coastal councils in Queensland, the City of Gold Coast is focused on managing coastal adaption. To this end, Council’s Coast Adaption Plan (CAP) is the latest step from Council and is intended to guide future investigations and actions. Background The City of Gold Coast is one of Australia’s most iconic coastal cities with […]
ReadmoreNew wave of litigation expected to hit Australia’s eroding shoreline
Last week, the Federal Court of Australia embarked on what is predicted to be a landmark decision, in the matter of AGL v Greenpeace Australia Pacific (Greenpeace). The case involves allegations by AGL that Greenpeace infringed its trademark rights and copyright when it featured AGL’s logo in a recent ad campaign, designed to pressure the […]
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