WA Court of Appeal Overturns First Instance Decision in Hamersley v Forge
To set-off or not to set-off? That was the question recently answered in the affirmative by the West Australian Court of Appeal in Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (Receivers and Managers appointed) [2018] WASCA 163. The Court of Appeal held that the judge at first instance was wrong […]
ReadmoreWhat you need to know about the new portable long service leave for cleaning, security and community services workers in Victoria
On 4 September 2018, the Victorian Government passed the Long Service Benefits Portability Bill 2018. The Long Service Benefits Portability Act 2018 (Vic) (LSBP Act) will come into effect on 1 July 2019, unless proclaimed earlier by the Government. Why has the legislation been introduced? The LSBP Act has been introduced to enable Victorian […]
ReadmoreLeasing Insider | NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10
In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the others being a Woolworths supermarket (located at the opposite end […]
ReadmoreThe new Consumer Data Right will start with “open banking” from July 2019
A new Consumer Data Right will take effect from July 2019, first in the banking sector then in the telecommunications and energy sectors. David Smith outlines the Consumer Data Right and all the pieces that need to come together in the coming months in order to implement this reform. Banking: the first industry subject to […]
ReadmoreTacking
At some point every secured lender will encounter a second lender attempting to provide additional secured financial accommodation to their borrower. It is therefore important for the first secured lender to understand the concept of tacking and the complexities of the body of law that governs tacking and how those rules apply in light of […]
ReadmoreIs a new postal rule coming?
On 12 September 2018, the Commonwealth Senate passed the Civil Law and Justice Legislation Amendment Bill 2018 (Cth). This Bill proposes to amend section 160 of the Evidence Act 1995 (Cth). This section contains the general rule by which a postal article sent by prepaid post is presumed to be received by the recipient on […]
ReadmoreRelation back day changes
Section 588FE and 588FF of the Corporations Act 2001 (Cth) (Act) operate to make certain transactions by a company voidable within a prescribed period prior to the company entering liquidation/voluntary administration. The relation back day is the date by which the prescribed period begins whereby transactions entered into by the company may be considered void. […]
ReadmoreIpso facto reforms – what exceptions apply?
From 1 July 2018, new provisions introduced into the Corporations Act 2001 (Cth) (CA 2001) by the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), impose a stay on the enforcement of ipso facto clauses against a company that becomes subject to certain prescribed insolvency events. Importantly, the changes only apply to […]
ReadmoreOff duty and off the hook: Directors’ fiduciary duties after resignation
The recent Victorian Supreme Court decision of Advanced Fuels Technology Pty Ltd v Blythe & Ors provides useful guidance regarding the Court’s approach to the survival of a company director’s fiduciary duties after the director’s resignation and whether the Court will restrain his or her ability to compete with the company. The facts Mr Blythe […]
ReadmoreFAQ on new casual conversion clauses operative from today – 1 October 2018
Casual conversion rights and obligations for award-covered employees will be streamlined across all industries from today – 1 October 2018.[1] We have addressed the ‘Frequently Asked Questions’ on casual conversion below: What is casual conversion? Casual conversion is the transfer of an employee’s employment status from casual to permanent. What is being inserted into the […]
ReadmoreWhat is missing in the Draft Single Charter of Aged Care Rights?
The draft ‘Charter of Aged Care Rights Consultation Paper’ outlines the basis for the development of a single Charter of Aged Care Rights. Once finalised the Charter will be part of the legislative framework that governs the aged care industry. A copy of the Draft Charter of Aged Care Rights can be accessed here. What […]
ReadmoreLandowners win appeal against rating categorisation
Local governments in Queensland have a broad discretion to impose rates on land which are a major source of funding for local government. However, landowners have the right to challenge the rating categorisation applied to their land. In BWP Management Limited v Ipswich City Council; W & V Nominees Pty Ltd as Tte for the […]
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