In Brooks, in the matter of Tease Hair & Spa Pty Ltd (in liquidation),[1] the Federal Court made orders in favour of the Liquidator, pursuant to section 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) (Insolvency Practice Schedule (Corporations)) and section 47 of the Trustee Act 1989 (Tas) allowing the Liquidator to realise […]
ReadmoreThe Occupational Health and Safety Amendment (Psychological Health) Regulations (Vic) (proposed Regulations) are expected to commence in mid-2022, subject to approval by the Minister, which is anticipated to occur shortly. Under Victorian OHS laws, an employer must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks […]
ReadmoreThe Betting and Racing Regulation 2012 (NSW) (Betting and Racing Regulation) and Totalizator Regulation 2012 (NSW) will be repealed on 1 September 2022. In anticipation of the expiration of these regulations, Liquor and Gaming NSW (L&GNSW) have released the following draft regulations for consideration and feedback: Draft Betting and Racing Regulation 2022; and Draft Totalizator […]
ReadmoreThe purpose of changes to the Equal Opportunity Act 2010 (Vic) (the Act) from 14 June 2022, which apply to the employment practices of schools, are said to better balance the right to equality with the right to religious freedom, so that both can be appropriately recognised and enjoyed. The Act makes discrimination against the […]
ReadmoreThis month’s edition of the Corruption and Integrity Update considers new corruption prevention resources released by the Crime and Corruption Commission (CCC); the CCC’s call for submissions on influencing practices in Queensland; and the CCC’s release of its investigation into allegations of disclosure of confidential information at the Integrity Commissioner. We also dive into the […]
ReadmoreThis matter involved the former director and former accountant of CGS Constructions (QLD) Pty Ltd filing proceedings seeking an injunction to restrain the Liquidators from engaging Cornwalls Lawyers to act on the basis that: Cornwalls also acted for a substantial creditor, Union Share Pty Ltd; and the Liquidators, by engaging Cornwalls, had manifested a tendency […]
ReadmoreBetween 31 May 2022 and 7 June 2022, ASIC obtained three freezing orders against the Mr Hopkins and his companies. In doing so, the Federal Court of Australia ordered: 1) the Defendants’ assets be frozen; 2) the disclosure of existing assets to the Court; 3) the appointment of a receiver over digital assets; and 4) […]
ReadmoreIn Re Intellicomms Pty Ltd (in liq) [2022] VSC 228, it was determined that a sale agreement was a creditor-defeating disposition within the meaning of section 588FDB of the Corporations Act 2001 (Cth) (Act) and voidable pursuant to section 588FE(6B) of the Act. The Court held that, the consideration payable by the transaction was less […]
ReadmoreIn the matter of Squirrel Limited (In Liquidation), the Court considered an application for summary judgement against a director for insolvent trading. In doing so, the Court considered the principles underpinning a director’s duty to prevent insolvent trading and the compensation payable as a result. Background The first plaintiffs, Mr Brent Kijurina and Mr Richard […]
ReadmoreThe regulators have increased their Trade Promotion permit application fees, effective 1 July. Click below to read the full update. If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Sonja Muzoska, Paralegal Jade Lamb, Paralegal Dani Fletcher, Paralegal
ReadmoreThe Minister for Planning has approved Amendment VC216 (Amendment), with the changes to the Victorian Planning Provisions taking effect from 10 June 2022. What does the Amendment do? The Amendment makes changes to the Victoria Planning Provisions and all local Planning Schemes to support environmentally sustainable development (ESD) outcomes. For the first time, all local […]
ReadmoreFollowing the Victorian Government’s announcement that it would lift vaccination mandates other than for workers who interact with vulnerable persons, the Pandemic (Workplace) Order 2022 (No. 9) (Order) has now been made. Mandates ended for most workplaces As a result of the Order, from 11.59pm on Friday, 24 June 2022 the following workers are no longer […]
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