Fair Work Ombudsman’s concern about the key advisors’ role

In a recent media release statement, the Fair Work Ombudsman (“FWO”) advised that they had concerns with the role of the key advisors such as accountants and HR professionals in respect of serious and deliberate contraventions. The Fair Work Act 2009-Section 550 (“FWO Act”) generally describes that Involvement in Contravention to be treated in the same … Continued

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Protection to Administrators acting in the best interest of Creditors

In a recent Supreme Court of NSW Decision, Renex Holdings (Dandenong) 1 Pty Ltd (Administrators Appointed) & Others [2015] NSWSC 2003, Justice Black once again adopted a very practical and encouraging approach whereby he confirmed that Administrators may be protected from personal liability for post appointment debts. The background to the Administration was that Renex’s … Continued

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Insolvency Law Reform Act 2016- A carrot and stick approach to the Insolvency System

After more than two years in the making, the Insolvency Law Reform Act (“ILRA”) has finally passed into law with a commencement date expected early in 2017.  As many of the industry would (or should) be aware, the ILRA comprises the latest series of reforms prompted largely by a perceived lack of integrity and transparency … Continued

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Forge’s Failure led to the Delivery of a $50M Windfall

In the recent decision of Forge Group Power Pty Limited (“Forge Group”) (in Liquidation) (Receivers and Managers appointed) v General Electric International Inc [2016] NSWSC 52 (GE), the Court’s decision provided some useful guidance on the interpretation of what is a PPS  lease and when the title in leased goods vests in the event of … Continued

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Insurer’s Liability to Third Parties

The High Court Decision in the case of CGU Insurance Limited v Blakeley & Ors (2016) HCA2 details the circumstances in which a Liquidator as a  third party claimant can directly pursue the insurers of insolvent defendants. In these proceedings, the Liquidators applied to the Court to join CGU as a Defendant and to amend … Continued

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Is it worth having a Will?

By Bob Cruickshanks and Hiteshi Dekhtawala As Benjamin Franklin once said “In this world nothing can be said to be certain, except death and taxes.”. Most people take the time and effort to prepare a will in which they detail how their accumulated worldly possessions are to be divided between their surviving relatives and/or friends. Also, a … Continued

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You just gotta love it?

After my last blog on the legal system I was sent a pearler of a story; “Melbourne Mum loses bankruptcy battle over school fees”, (Ninenews.com.au). The cost of solving a problem with lawyers has always been an issue for me, the process takes longer, and is more costly than you ever expect, and even then … Continued

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The legal cost?

I always find it entertaining when someone reaches the end of litigation only to discover the hollowness of the victory or loss. This is particularly the case when it involves the media because it is they that will ensure that the issue actually does see the light of day! So, it is that the Treasurer’s … Continued

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Directors duties and phoenix activity

There has been considerable growth in attention towards the duties and responsibilities of company directors in the past few years. Namely, there has been more focus on the conduct of directors in fraudulent activities, in particular what is referred to as “phoenix activity”. A recent article from the Australian Taxation Office advised that “recent figures … Continued

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