Articles

Examination of liquidator – legitimate or abuse of process?

Liquidators can rest assured that courts are reluctant to interfere in their commercial judgments or permit liquidators to be personally exposed to mandatory examinations under s596A Corporations...

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PPSR registration – near enough is not good enough!

A recent decision in the Supreme Court of New South Wales has clarified the circumstances in which a registration on the PPSR will be ineffective and the consequences that can flow from this.

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High Court upholds constitutionality of s596A mandatory examinations

The High Court of Australia recently dismissed an application brought by former Queensland Nickel Pty Ltd (QN) directors Mr Clive Palmer and Mr Ian Ferguson for a declaration that section 596A of...

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Distressed asset sales & insolvency regimes

Insolvency sales have their own unique issues, but the agenda is always clear - maximise return to creditors.

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Distressed asset sale snapshot

Companies in distress often undertake a sale of assets to alleviate cash flow or debt repayment issues when other lines of credit or sources of funds have been exhausted. Such decisions are not...

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FWC rules on hospitality & retail penalty rates

In reviewing modern award penalty rates in the hospitality & retail sectors, the FWC has reduced Sunday and public holiday rates in a number of awards.

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Million dollar adverse action award – Hail Creek Coal

The Federal Court of Australia recently awarded an employee damages of $1,272,109 for past and future loss of wages: seeCFMEU v Hail Creek Coal Pty Ltd [2016] FCA 199 and [2016] FCA 1032. This...

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Dual distribution or a duel between rivals? The High Court weighs in with ACCC v Flight Centre

The High Court has clarified the circumstances in which suppliers and their distributors / agents will be taken to be actual or potential competitors for the purposes of Australian competition law....

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Can you rely on that COI approval?

There continues to be doubt about the validity of certain Committees of Inspection (COI) established during a liquidation and the approvals given by them. Another decision of Pritchard J in the...

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Blockchain 101

On 12 January 2009, Satoshi Nakamoto mined Block 0, Bitcoin’s ‘genesis block’, marking the first issuance of cryptocurrency and implementation of blockchain technology. A purely peer-to-peer...

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CoRA Update: Guideline identifies who will and won’t be targeted

New draft guidelines have been prepared to assist in understanding the potentially onerous provisions of the Environmental Protection (Chain of Responsibility) Amendment Act (“CoRA”).

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Review of the current regulatory and tax landscape for foreign investors

A raft of reforms to Australia’s foreign investment framework over the last 12 months includes legislation intended to bolster the integrity of the foreign investment framework.

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The minefield for protecting your IP rights

The recent decision of CQMS Pty Ltd v Bradken Resources Pty Ltd is a timely reminder of the dangers and risks in asserting your intellectual property rights to potential infringers and the...

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Put the calculators away: no easy sums in valuing native title

The recent native title determination of Griffiths v Northern Territory is the first judgement to put a monetary value on native title rights. This article considers the important points of...

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AMP Life Ltd v AMP Capital Funds Management Ltd & Anor [2016] NSWCA 176

On 26 July 2016, the Supreme Court of New South Wales – Court of Appeal – dismissed an appeal by AMP Life Ltd from the orders made by Brereton J on 27 June 2016.1 The orders dealt with the...

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East Coast Gas Market Reform Package

COAG Energy Council's Gas Market Reform Package adopts many of the recommendations for east coast gas market reform made by the AEMC and the ACCC earlier this year.

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ASX – an effective prelude to Nasdaq?

Find out why ASX can be an effective prelude to a future listing in the US.

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Australia’s foreign investment laws: a guide for foreign investors and their counsel

When a transaction with a direct or indirect connection to Australia is proposed, foreign investors and their counsel should consider whether notification is required or advisable.

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Widening the scope for judicial review of an adjudicator’s determination

The Probuild decision is likely to undermine the objective of the Security of Payment Act to provide a means of quickly and relatively inexpensively resolving disputes in relation to progress...

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Acumen Federal Budget Special Edition 2016

This special edition of Acumen discusses the key taxation reforms for business announced on the evening of May 3rd by Treasurer Scott Morrison in the 2016 Australian Federal Budget, highlights of...

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Crown land tenure reform in WA

The WA Government is proposing to reform Crown land tenure in the State. In June 2016, the Land Administration Amendment Bill 2016 (Amending Bill) will be introduced into Parliament. Broadly, the...

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Executive bonuses and redundancy payouts – Avoiding policy pitfalls

Employers need to take care when dealing with any promises or representations about the application of company policies, particularly where discretionary incentives or redundancy payments are...

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Are you paying enough attention to your data?

Data is often hailed as the “new oil” – a raw asset which only gains value through refinement. In 2011, McKinsey predicted that data would become a new type of corporate asset that cuts across...

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New Environmental Protection Bill to go beyond Queensland Nickel Refinery

A new Queensland Bill will significantly extend liability for environmental damage beyond just Clive Palmer’s facilities.

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