Litigation & Disputes

CATEGORIES
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.

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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.

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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.

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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.

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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.

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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’).

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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.

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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.

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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.

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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.

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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.

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 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.

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