Liquidator loses game of Gulf: why the Supreme Court of Queensland refused to terminate the winding up of Gulf Aboriginal Development Company
In a recent case involving key stakeholders in the ‘Century Mine’ (Mine) – located in the lower Gulf of Carpentaria region in Northwest Queensland – the Supreme Court of Queensland considered an application brought by a liquidator and creditor for the termination of a winding up of pursuant to section 482(1) of the Corporations Act […]
ReadmoreIs it Just? Federal Court of Australia considers whether to reinstate a deregistered company and whether the deregistration itself prevented the proposed plaintiff from filing within the limitations period
In deciding whether to reinstate a deregistered company (and suspend a limitation period to allow the company to commence proceedings), the primary question for the court is whether it is just to do so. In the recent decision of the Federal Court in Price, in the matter of Advanced Polymer Recycling Pty Ltd v Australian […]
ReadmoreBalancing the right of bankrupts and creditors: characterising after-acquired property of bankrupts
Mr Badcock (the Respondent) was an undischarged bankrupt, and Mr Ambrose (the Applicant) was the trustee of his bankruptcy. The key issue for determination was the definition of property under the Bankruptcy Act, and whether the moving of monies into an interesting-bearing account by the Respondent was sufficient to change the character of income to […]
ReadmoreFederal Court of Australia sets out the principles relevant for an application by a liquidator for approval to enter into a costs agreement and a funding agreement under s 477(2B) of the Corporations Act (Cth)
Litigation funding can play an important role in allowing liquidators to recover debts on behalf of liquidated companies, where there may be a real prospect of success in recovery proceedings but where obstacles such as funding or security for costs may present themselves. Pursuant to section 477(2B) of the Corporations Act 2001 (Cth) (the Act), […]
ReadmoreA new challenger enters the arena: why the CCIV is poised to dethrone the MIS as the preferred funds management structure
On 10 February 2022, after numerous rounds of feedback, the Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021 (Cth) (CCIV Bill), passed both Houses of Federal Parliament and came quietly into being – its impact on the Australian funds landscape will undoubtedly be anything but. The CCIV Bill establishes the corporate collective investment […]
ReadmoreCorruption and Integrity Update – the CCC under the spotlight
There has been a significant focus by the media on Queensland public sector integrity issues over the past month. Most notably, Premier Annastacia Palaszczuk has announced both a Commission of Inquiry into the Queensland’s anti-corruption body, the Crime and Corruption Commission (CCC), as well as a review into culture and accountability in the public sector. […]
ReadmoreElectronic execution and modernised meetings under the Corporations Act – here to stay (finally)
With little fanfare, the highly anticipated Corporations Amendment (Meetings and Documents) Bill 2021 (Bill) was passed by both Houses of Parliament in the final sessions of Parliament before the coming Federal Election. The Bill amends the Corporations Act 2001 (Cth) (Corporations Act) and establishes a permanent mechanism to allow companies and registered schemes to hold hybrid (in person […]
ReadmoreWhat’s a contract got to do with it? (Absolutely everything): The High Court affirms approach to determining employment relationships in Personnel Contracting and Jamsek
Two recent decisions handed down by the High Court have stressed the primacy of contractual terms in determining employment relationships. In an approach that will provide certainty to some businesses, in Personnel Contracting the High Court held that where the parties have comprehensively committed the terms of their relationship to a written contract it was […]
ReadmoreSecurity Legislation Amendment (Critical Infrastructure) Act 2021
Executive Summary The recently released Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) (SOCI Act) has amended the Security of Critical Infrastructure Act 2018 (Cth) with a view to further managing the complex and evolving national security risks of sabotage, espionage and coercion posed by foreign involvement in Australia’s critical infrastructure. The amended SOCI legislation […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business
In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]
ReadmoreQueensland’s ‘best practice principles’ for major projects
Pursuant to the Queensland Procurement Policy 2021, the Queensland Government may apply certain ‘Best Practice Principles’ (or BPPs) to major state government projects (valued at $100 million and above) and declared projects, in accordance with guidance issued by the Department of Energy and Public Works and the Office of Industrial Relations. In practice, the application […]
ReadmoreCorruption and Integrity Update – What the Corruption Allegations Data Dashboard reveals
The Crime and Corruption Commission (CCC) has this month updated its Corruption Allegations Data Dashboard (CADD) to reflect referral data received up to the end of the September 2021 quarter. The CADD reveals that allegations received by the CCC trended upwards throughout the course of 2021, with over 6,500 complaints having been received by September […]
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