The High Court finds privilege against self-incrimination is thinner than most imagined – DCT v Shi [2021] HCA 22 (4 August 2021)
DCT v Shi [2021] HCA 22 (4 August 2021) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA//2021/22.html Majority: Kiefel CJ, Gageler, Gordon & Gleeson JJ Minority: Edelman J The High Court has found that the privilege against self-incrimination is thinner than most imagined, ordering disclosure of information claimed to be privileged. A witness can object to giving evidence on the ground […]
ReadmoreCasual employees – review of the new rights and obligations under the NES
The amendments to the National Employment Standard regarding casual employees are about bringing certainty to casual employment arrangements. Employers should now be considering what steps they need to take to comply with the NES including assessing offers of conversion for employees who commenced employment prior to 27 March 2021. This is particularly relevant as there […]
ReadmoreGadens Connect | 2021 Edition Three
For the third edition for 2021 of Gadens Connect, our team provides an overview of key performance indicators including the impact of COVID-19 holds across the recoveries portfolio, an update on permanent changes to the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 (Vic) and an insight into setting aside default judgment by […]
ReadmoreFull Court gives Epic Games the green light to continue CCA claim against Apple in Australia
In Epic Games, Inc v Apple Inc,[1] the Full Court of the Federal Court of Australia considered whether an exclusive jurisdiction clause in an agreement between Epic Games and Apple required a competition law claim brought by Epic Games against Apple to be stayed to allow the dispute to play out in the United States. […]
ReadmoreImportance of properly formulating offers made in proceedings involving counterclaims
In Wiggins Island Coal Export Terminal Pty Limited v Civil Mining & Construction Pty Ltd[1], the Queensland Court of Appeal considered the costs implications of an ‘all up’ offer made under the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR) and whether it could determine the ‘net result’ of two orders (each order made in […]
Readmore“Let there be a vote” – Victorian Supreme Court grants adjournment under recent Small Business Restructuring Reforms
In Re Dessco Pty Ltd,[1] the Victorian Supreme Court adjourned a winding up application for 50 days to allow time for creditors to vote on a restructuring plan. Whilst the adjournment was opposed by the Plaintiff, the Judicial Registrar of the Court accepted the assessment formed by the Small Business Restructuring Practitioner that the company […]
ReadmoreCan parties to a mortgage contract out of a statutory limitation period? Yes, according to the High Court
Dismissing an appeal from the Supreme Court of Queensland, the High Court of Australia in Price v Spoor[1] considered three principle questions: Whether parties to a mortgage can agree that the mortgagor will not plead a defence of statutory time limitation, or whether such an agreement is void and unenforceable as contrary to public policy; […]
ReadmoreFinancial Accountability Regime – Key Facts
On Friday, 16 July 2021, Treasury released the exposure draft legislation for the Financial Accountability Regime (FAR). Building on the Banking Executive Accountability Regime introduced on 1 July 2018, FAR will apply to all prudentially-regulated institutions e.g. banks, insurers and super funds and will operate to place institutional and personal liability on key executives for […]
ReadmoreImpact on mortgagees of a bankruptcy trustee’s disclaimer of mortgaged land
A mortgagee may be faced with a situation where the mortgagor becomes bankrupt and the trustee, in which the property then vests, disclaims the mortgaged property. We outline the process a mortgagee is required to follow when a mortgaged property has been disclaimed and summarise the key issues considered by the Court. Click below to […]
ReadmoreThe Jack saga: the future of decisions on intentional doping and a substandard process
Anticipated to be announced this week, the appellate decision by a panel of the Court of Arbitration of Sport (CAS) in CAS 2020/A/7579 World Anti-Doping Agency v. Swimming Australia, Sport Integrity Australia & Shayna Jack and CAS 2020/A/7580 Sport Integrity Australia v. Shayna Jack & Swimming Australia Limited is expected to strongly influence future anti-doping […]
ReadmoreMove to permanent reforms to the Corporations Act – electronic signatures, virtual meetings
The Federal Government has released the exposure draft of legislation (Exposure Draft) amending the Corporations Act 2001 (Cth) (Corporations Act) to allow for technologically-assisted meetings and the long-awaited electronic execution of company documents. As noted in our previous article, the emergency reforms under Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 expired on 21 March […]
ReadmoreATO 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 […]
Readmore
