Ipso 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 […]
ReadmoreDealing with the sale of contaminated land in Queensland – the importance of giving correct notice
The case of FKP Commercial Developments Pty Ltd v Albion Mill FCP Pty & Anor [2017] QSC 322 highlights the importance of ensuring the appropriate notice under section 408 of the Environmental Protection Act 1994 (Qld) (EPA) is given when disposing of land in Queensland which is contaminated. In May 2015, FKP Commercial Developments Pty […]
ReadmoreSolar farm prevails over good quality agricultural land
In Mirani Solar Farm Pty Ltd v Mackay Regional Council & Anor [2018] QPEC 38, the Planning and Environment Court was required to determine whether a large scale solar farm development should be approved on land comprising Good Quality Agricultural Land (GQAL). The proposed solar farm was intended to be for a ‘limited’ period of […]
ReadmoreKeeping it casual? Think again!
You have no doubt heard about the landmark decision in WorkPac Pty Ltd v Skene[1], where the Full Court of the Federal Court (Full Court) found that a casual employee was a permanent employee entitled to annual leave payments. In this article we have summarised the decision and outlined the important practical implications for many […]
ReadmoreLeasing Insider | AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) – [2018] VCAT 931
AVC Operations Pty Ltd (the Tenant) entered into an asset sale agreement with Wheatland Hotels Toorak Pty Ltd (the Assignee) for the sale of the “Bush Inn” business operated from a premises on Malvern Road, Toorak. The Tenant sought the consent of Teley Pty Ltd (the Landlord) to assign the lease for the business to the […]
ReadmoreLeasing Insider | Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu [2018] NSWSC 868 (12 June 2018)
Margaret Sze Tu, Shiu How Sze Tu, Shiu Shing Sze Tu, Helen Sze Tu (the Landlord) were the registered proprietors and owners of premises known as Shop 5, 42-44 Queen Street, Campbelltown. The dispute between the parties related to an alleged lease to Jam Studios Pty Ltd (the Tenant), who was in possession of the […]
ReadmoreLeasing Insider | Versus (Aust) Pty Ltd v A.N.H. Nominees Pty Ltd [2017] VCAT 859
Versus (Aus) Pty Ltd (the Tenant) leased retail premises located in Church Street, Brighton from A.N.H. Nominees Pty Ltd (the Landlord). The Tenant operated a lingerie business from the premises from June 2006 until the Tenant vacated in May 2011. The premises was affected by water and moisture ingress which resulted in excessive mould within […]
ReadmoreLeasing Insider | PG Kazis Nominees P/L v Bakers II P/L & ORS [2018] SADC 48
PG Kazis Nominees Pty Ltd (the Landlord) entered into a retail lease with Bakers II Pty Ltd (the Tenant). The term of the lease was for 5 years commencing on 1 March 2003 with options for two further terms of five years each. The Tenant exercised the first option to renew which expired on 28 […]
Readmore
