Update on unfair preferences and statutory set-off
One of a liquidator’s most powerful tools is the ability to seek to recover unfair preferences from creditors for the purposes of increasing the pool of assets available to creditors generally. Proceedings to recover unfair preferences can be costly and it is imperative that a liquidator assess not only the evidence available to prove the […]
ReadmorePleash (Liquidator) v Tucker and the production of documents in public examinations: whether trust assets are ‘Examinable Affairs’
In Pleash (Liquidator) v Tucker,[1] the Federal Court makes clear that the scope of ‘examinable affairs’ in public examinations pursuant to section 597(9) of the Corporations Act 2001 (Cth) (the Act) does not extend to assets that are only potentially available to a prospective defendant. For example, this includes a beneficiary’s interest in the assets […]
ReadmoreHigh Court decision validates Holding Deeds of Company Arrangement
In Australia of Mighty River International Limited v Hughes, Mighty River International Limited v Mineral Resources Limited [2018] HCA 38, the High Court considered whether a Deed of Company Arrangement (DOCA) contravened Part 5.3A of the Corporations Act 2001 (Cth) (the Act). In particular, the High Court considered whether what is commonly described as a […]
ReadmoreUnfair preferences and insolvent transactions – ‘knowledge’ of insolvency and the good faith defence
In Stimpson v Commissioner of State Revenue [2018] QDC 140, the District Court of Queensland considers the statutory defence under the Corporations Act 2001 (the Act) to preference or insolvent transaction proceedings. Underlying the decision is the impact increasingly automated processes may have on well-established legal principles regarding evidence of ‘knowledge’ and ‘belief’. This contributed […]
Readmore#MeToo and sexual harassment in Australian workplaces
The #MeToo movement and its focus on exposing the prevalence of sexual harassment in the workplace continues to resonate loudly in 2018. What started in 2017 with allegations being made against Harvey Weinstein, then set off an avalanche of sexual harassment allegations being made against high profile people both in Australia and overseas. Further momentum […]
ReadmoreModern slavery and what businesses need to know
Australia is slowly moving closer to the establishment of comprehensive modern slavery legislation. At Federal level, the Modern Slavery Bill 2018 (Federal Bill) passed the lower house last month and is now being considered by the Senate, and in the last Federal budget funding was provided to establish an anti-slavery unit in the Department of […]
ReadmoreDocumentation in Aged Care
As providers of aged care you know that comprehensive, contemporaneous, and accurate documentation is the fundamental key which enables you to evidence the quality care that you provide and to demonstrate compliance with your obligations under the Aged Care Act 1997 (Cth). Following the announcement of the Terms of Reference, and as expected the Commission […]
ReadmoreVCAT makes important decision on balance between urban development and resource extraction in growth areas
Gadens recently acted for Austral Bricks in its successful application at the Victorian Civil and Administrative Tribunal (the Tribunal) for review of a refusal by the Mitchell Shire Council of its planning permit application for approval to extract red plastic clay from a 160 hectare property in Wallan East (the Wallan Quarry). On 2 October […]
ReadmoreZombie mark has no bite
Zombie marks may not be as ‘alive’ as previously thought. Partner Michael Owens and Associate Celeste Bennett point out how a 2017 trade mark decision may prevent a zombie trade mark apocalypse. Zombie marks aren’t the bites from monsters you see in the likes of Resident Evil and The Walking Dead. In the legal […]
ReadmoreWA 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 […]
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