Industrial Manslaughter legislation on the way in WA
The director of MT Sheds (WA) Pty Ltd, Mark Thomas Withers, was sentenced two years and two months imprisonment (18 months suspended) and fined $2,250 for gross negligence causing death in relation to the 2020 death of a young worker and the serious injury of another. Both Mr Wither’s and his company pleaded guilty to […]
ReadmoreDrawing Inferences – the extent that evidence can be inferred
In Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias,[1] the Federal Court considered the extent to which a Jones v Dunkel[2] inference can be made. There were three factual issues to be determined by the Court and both parties relied heavily on inferences to prove their case. Ultimately, […]
ReadmoreThe ‘Constitutional Imperative’ – a bankrupt’s right to review a sequestration order
In Bechara v Bates,[1] the Full Federal Court reminds us of the proper procedure for review of a sequestration order made by a registrar. This case raises an important point about bankruptcy practice and procedure in the Federal Circuit Court and the Federal Court. Sometimes described as a ‘constitutional imperative’, a bankrupt is entitled to […]
ReadmoreIf you have a need for speed, don’t allow this to compromise the correct registration of your PPSR security interest
In Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd,[1] the Federal Court of Australia held that as BMW failed to correctly register their security interest in a 2017 Ferrari GTC4 Lusso (by registering against the ACN of a corporate trustee but not against the […]
ReadmoreThe Federal Court takes aim in Gunns – and extinguishes the Peak Indebtedness Rule in Australia
On 10 May 2021 in Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq)(receivers and managers apptd)[i] the Full Court of the Federal Court of Australia abolished the application of the Peak Indebtedness Rule to a running account ‘single transaction’ under section 588FA(3) of the Corporations Act 2001 (Cth) […]
ReadmorePPSA: extension of time to register
The last 12 months has seen a number of court applications being made for an extension of time to register a PPSA security interest. In the following article, we summarise the key issues considered by the courts and provide practical tips for any secured party who finds themselves out of time to correctly register their […]
ReadmoreFMCG Express | May 2021 Edition
2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]
ReadmoreCountering Victoria’s Land Tax Grab
Amidst the outcry over the Victorian Government’s recently announced increases in land tax rates, it is more important than ever for landowners to consider potential strategies for containing their land tax cost. Indeed the latest announcement is just a further symptom of the Government over-reliance on land tax, which is also impacting landlords in a […]
ReadmoreEmployee share schemes — removing cessation of employment as a taxing point and reducing red tape
As part of the 2021-2022 Federal Budget, the Federal Government has announced reforms to employee share ownership in Australia, with those changes designed to make it easier for businesses to offer their employees participation in employee share schemes (ESS) and to help businesses attract and retain the talent they need to compete on a global […]
ReadmoreThe good, the bad and the ugly of pandemic budgeting
Gadens’ view of the Federal Budget 2021/22 The Government’s second pandemic era Budget continues the theme of massive deficits being used in part to accelerate investment in productive assets and fund other targeted relief. Amongst the ‘good’ news however lurk several ‘bad’ and ‘ugly’ measures which will result in varied impacts across our client base. […]
ReadmoreSexual harassment and obligations of employers – Part 2
This is the second instalment of a two-part series which canvasses workplace sexual harassment, who is most at risk and what Australian employers do to address sexual harassment in the workplace and limit their liability. Part 1 covered how workplace sexual harassment is defined and provided an overview of the relevant legislation and highlighted who […]
ReadmoreSexual harassment and obligations of employers – Part 1
This is the first instalment of a two-part series which canvasses workplace sexual harassment, who is most at risk and what Australian employers should do to address sexual harassment in the workplace and limit their liability. Introduction In 2020, the Australian Human Rights Commission (Commission) released the Respect@Work: Sexual Harassment National Inquiry Report (2020) (Report) […]
Readmore
