The first reported foreclosure in Queensland for 35 years – an innovative litigation solution
In June 2018, we assisted one of our government clients to achieve an innovative solution that delivered benefit for both the agency and its defaulting borrower whose security property was in significant negative equity – the first reported foreclosure in Queensland since 1981. The result provided the agency with protection, control and costs savings, and […]
ReadmoreLet the Court decide – administrator and equitable liens
In White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson,[1] the Full Court of the Federal Court of Australia considered whether administrators were entitled to an equitable lien over property owned by a company or a third party to recover fees and costs incurred in an administration. This arose in circumstances where […]
ReadmoreFreezing orders – a refresher
What is a freezing order? Previously known as a Mareva order, a freezing order is an interlocutory order restraining a person or corporation from removing any assets located in or outside Australia or from disposing of, dealing with or diminishing the value of, those assets. What is the purpose of a freezing order? The purpose […]
ReadmoreVoluntary Administrators – entitlement to an equitable or statutory lien over funds held on trust
In the recent decision of Trenfield, in the matter of Crusaders Managers Pty Ltd (Administrators Appointed)[1], the Federal Court of Australia considered whether the voluntary administrators of a company (whose sole purpose was to act as the trustee of a trust), should be appointed as receivers and managers of a trust in order to deal […]
ReadmoreRecent VCAT decision sets out the limits to when a planning permit can be amended
The Victorian Civil and Administrative Tribunal (VCAT) has considered the limits to when a permit can be amended under section 87A of the Planning and Environment Act 1987 (the Act) in the recent decision in Alkero Development Pty Ltd v Stonnington CC (Red Dot) [2018] VCAT 1120 (Alkero). This decision provides useful guidance to developers […]
ReadmoreWill your Enterprise Agreement pass the BOOT?
The Full Bench of the Fair Work Commission in its recent decision Loaded Rates Agreements [2018] FWCFB 3610 (28 June 2018) held that employers must apply the “better off overall test” (BOOT) to every employee covered by an Enterprise Agreement. The decision involved a consideration of five applications for the approval of Enterprise Agreements containing […]
ReadmoreOne step closer to AFCA
On 23 April 2018, the Minister for Revenue and Financial Services authorised operation of the Australian Financial Complaints Authority (AFCA), which will start accepting complaints from 1 November 2018. This month, ASIC released Regulatory Guide 267 Oversight of the Australian Financial Complaints Authority, having been released early to assist with a seamless transition to the […]
ReadmoreTrade Promotions Update | New Permit Application Fees
Here is an overview of 2018 permit requirements and fees, for chance trade promotions lotteries. For full size image click here.
ReadmoreLargest overhaul of Environmental Regulation since 1970
In the largest overhaul of environmental legislation in nearly 50 years, the Victorian Government has released its long awaited re-write of environmental protection legislation. The Environment Protection Bill 2018 (Vic) (the Bill) was introduced into Victorian Parliament on Wednesday 20 June 2018. Gadens’ environment team has considered the key changes and impacts arising from the […]
ReadmoreIs payment under your bank guarantee really guaranteed?
An unconditional bank guarantee is widely regarded as being “as good as cash”. However, calling on a bank guarantee requires strict compliance with the wording of the guarantee. The recent case of Santos Limited v BNP Paribas [2018] QSC 105 demonstrates just how “strict” an approach banks are entitled to take on demands on such […]
ReadmoreAre you ready to support clients to plan ahead for their end of life care?
Advance Care Planning Advanced Care Directives (ACD) when considered in the broader context of advanced care planning allow people to plan ahead and document their preferences regarding their end of life care, to live well and to die well with dignity in accordance with their values and preferences. Advance care planning has benefits for the […]
ReadmoreCopyright Modernisation Consultation Paper
The Australian Department of Cabinet and Arts (“the Department“) has recently released its Copyright Modernisation Consultation Paper (“Consultation Paper“), which aims to: address the current inefficiencies in the existing Copyright Act 1968 (Cth) (“Copyright Act“) and regulations; and balance “the interests of innovators, investors and creators with the health, economic and social welfare of consumers […]
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