Litigation & Disputes

Record Number Of Insurance Claims For 2022 Floods In SE Queensland And Northern NSW 14.04.23 Ramsden Lawyers Litigation and Dispute Resolution team report that nearly 240,000 insurance claims have been lodged by homeowners affected by the February and March 2022 floods in South-East Queensland and Northern New South Wales, resulting in an estimated incurred consumer loss of $5.76 billion. These numbers make it the costliest natural disaster in Australia’s history, surpassing Cyclone Tracey in 1974, the Newcastle earthquake in 1989, and the hailstorms in Eastern Sydney in 1999. A year after the floods, residents still experience significant repair delays and continue to live in temporary accommodations. Insurance bills have increased dramatically, and some insurance companies no longer insure for specific events.

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Riches To Rags? 06.04.23 Have you been issued a bankruptcy notice? You may be running out of time. This article explores the bankruptcy process and what you must do if a notice has landed in your inbox.

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The Great Social Media Shake Down 23.03.23 The ACCC is targeting for fraudulent influencers, and you may be its next target. This article discusses the obligations and responsibilities of users in the influencer marketing sector and what can be done to assist you.

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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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