Send it to the right person: the importance of accurate notices terminating options
In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd,[1] the Supreme Court of Victoria held that a notice purportedly terminating an option to purchase 20 units in a trust for $2.3M was invalid. This was because it was not addressed in accordance with the contract. Instead of being addressed to the company care of its lawyers, […]
ReadmoreInvolved or not involved? That is the question for partners.
It is well established that the privilege against self-incrimination and privilege from exposure to civil penalties can be claimed by natural persons and are not available to corporations. However, the position is not yet settled insofar as it relates to partnerships. More specifically, whether all partners can claim the privileges or whether it can only […]
ReadmoreFederal Court finds ticket reseller engaged in misleading and deceptive conduct
In the recent case of ACCC v Viagogo AG, the Federal Court considered whether Viagogo engaged in misleading and deceptive conduct by acting in a way liable to mislead consumers when reselling event tickets in breach of the Australian Consumer Law. This decision is a reminder to businesses to accurately describe the nature of the products or services […]
ReadmoreEmployees’ priority in the insolvency of a trading trust: the Amerind case in the High Court
In the Amerind case, the High Court has unanimously held that the former staff of an insolvent trustee company have the same rights to priority payments as the employees of an insolvent non-trustee company. In doing so, the Court settled a long-standing debate about the nature of a trustee’s right to indemnify itself from trust property for trust […]
ReadmoreThe future of litigation in Queensland – eDiscovery and eTrials
Litigation can be costly. In particular, the discovery stage can form one of the most expensive phases of the litigation process. The Court and practitioners alike are increasingly turning to technological solutions to reduce the time and cost of the discovery process. Taking into account such factors, Gadens were recently involved in a proceeding in […]
ReadmoreStrengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – disqualification from managing corporations
Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) commenced. This article will focus on the provisions introduced to disqualify wrongdoers from managing corporations. Please refer to our article summarising the other critical changes and key concepts for more information. The amendments introduce provisions empowering ASIC and the Court to disqualify company directors or officers […]
ReadmoreStrengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – offences and civil penalty provisions
Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) (the Act) commenced. This article will focus on the key changes made to the employee entitlements provisions. The purpose of the Act The objective of the Act is to stop sharp corporate practices which improperly burden the Fair Entitlements Guarantee (FEG) scheme under the Fair […]
ReadmoreStrengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – employee entitlement contribution orders
Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) (the Act) commenced. This article will focus on the provisions introducing employee entitlement contribution orders. Please refer to our article summarising the critical changes and key concepts introduced by the Act. The amendments aim to deter corporate groups from adopting structures where the insolvency of a corporate […]
ReadmoreWhen will a court impose a trust relationship in commercial agreements such as franchises?
In Re Stay in Bed Milk & Bread Pty Ltd (In Liquidation) ACN 115 166 982 [2019] VSC 181, the Court considered whether monies paid into a marketing fund by franchisees gave rise to a trust relationship. Background and the parties’ arguments Stay in Bed Milk & Bread Pty Ltd (the Company) was the franchisor of the […]
ReadmoreeDiscovery and eTrials in the Supreme Court of Queensland
Litigation can be costly. In particular, the discovery stage can form one of the most expensive phases of the litigation process. The Court and practitioners alike are increasingly turning to technological solutions to reduce the time and cost of the discovery process. Taking into account such factors, Gadens were recently involved in a proceeding in […]
ReadmoreJudicial review – proper, genuine and realistic consideration
A recent Federal Court decision is a timely reminder that Ministers should not rely entirely on briefing notes before making decisions – and when the decision is defended, it is the Minister who is expected to give evidence. The Federal Court recently found that a Minister had failed to “consider any comments, information or documents” […]
ReadmoreEconomic duress – what it is, and what it is not
Customers in disputes with their lender often raise economic duress in circumstances where a lender attempts to take enforcement action. The potential ramifications are significant because a successful claim of economic duress can render the relevant agreement voidable. However economic duress is not simply the application of economic pressure applied by one contracting party over […]
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