Litigation & Disputes

Set-off defence

Set-Off Defence No Longer An Option In Unfair Preference Claims - High Court Puts The Debate To Rest

20.03.23

The High Court of Australia has put to rest a long-standing controversy in insolvency law by unanimously deciding that the defence of set-off cannot be used against an unfair preference claim under s 588FA of the Corporations Act 2001 (Cth). The decision was made on 8 February 2023 in Gavin Morton As Liquidator Of MJ Woodman Electrical Contractors Pty Ltd & Anor v Metal Manufacturers Pty Limited, and has significant implications for those working in the insolvency industry. Read More.

Scott's Refrigerated

Scott's Refrigerated Logistics: A Cold Reality For Over 1500 Workers

20.03.23

Scott's Refrigerated Logistics collapse puts over 1500 jobs at risk due to COVID-19 and recent floods affecting key routes in Queensland and New South Wales. Learn about the impact on workers and the search for a new long-term owner in this article. Read More.

Insolvency

Deliverwho? The Insolvency Insurgence

20.02.23

Is your business in financial trouble? This article guides you through the voluntary administration process and why it may be the best action for struggling businesses. Read More.

Bankruptcy

Bargaining Your Bankruptcy

11.01.23

Are you seeking to annul your bankruptcy? A Section 73 Proposal may be your solution. This article discusses the ins and outs of Section 73 Proposals and what can be done to assist you. Read More.

ATO debt recovery

The Sleeping Giant Awakes - ATO Resumes Debt Recovery Post-Pandemic

05.12.22

Do you have outstanding tax obligations in light of the COVID-19 pandemic? The Australia Taxation Office is resuming its debt recovery regime – and you may be at risk. Click the below link to read more about the ATO’s debt recovery strategy post-pandemic, and what can be done to assist you. Read More.

Judge-hits-gavel-ramsden-law-Westpac Securities Administration Ltd v ASIC [2021]

Personal Financial Advice - A Lesson For Investors

21.07.22

The High Court case of Westpac v ASIC found that Westpac provided personal advice to its customers in breach of its Australian Financial Services License and the Corporations Act 2001 (Cth) (‘Act’). Read More.

Insurance Claim

Sham Contracting - Know The Difference

08.06.22

The High Court recently made a significant change to the way the law identifies the existence of a contractor relationship between an independent contractor and principal. See below to learn more about the High Court’s recent decisions. Read More.

employment lawyers

Don’t Wait, Unfair Dismissal and Redundancy

12.08.21

Have you been unfairly dismissed or made redundant? The Fair Work Act sets out your rights as an employee, ensuring that your hard-earned money is not wasted. Click the below link to read more on your employee rights and potential remedies under the Fair Work Act. Alternatively, if you are running a small to medium size business and have being wrongly accused of unfairly dismissing an employee, click the below link to understand your obligations generally. Read More.

Galaxy Developments

Galaxy Developments Pty Ltd | Time is of the Essence

05.08.21

The recent case of Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd & Ors; Jones v Galaxy Developments Pty Ltd & Ors [2021] QCA 10, demonstrates why, under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), adjudicators must make their determinations within the legislative timeframe. Read More.

adjudication process

Building Industry Fairness Act Part 3: The Adjudication Process

21.07.21

This is the third article in our three-part series regarding the operations of the Building Industry Fairness (Security of Payment) Act 2017, where we explore The Adjudication Process. Read More.

Issuing a Payment Schedule

Building Industry Fairness Act Part 2: Issuing a Payment Schedule

02.06.21

This is the second article in our three-part series regarding the operations of the Building Industry Fairness (Security of Payment) Act 2017 (‘BIF Act’). The BIF Act was introduced primarily to simplify the procedure for recovering payments owing to contractors in the building and construction industry. Read More.

Down-N-Out

It’s Good to be Different

06.05.21

The recent case of Hashtag Burgers Pty Ltd v In-N-Out Burgers Inc demonstrates the importance for owners and directors to do their trade mark due-diligence both locally and internationally before starting a business or re-branding a business. Read More.