Insights

The limits of an insolvency practitioner’s equitable lien: intermeddlers beware

The entitlement to recover remuneration and costs for work performed in conducting an external administration is an ever-present fundamental concern for insolvency practitioners.

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Review 2018

This 2018 edition of Review highlights a selection of the significant public assignments undertaken by us over the past year, as well as major legislative and policy developments occurring over...

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RCF IV – game changer for the taxation of private equity investment in Australia?

A recent decision has excited debate about the application of Australia’s income tax law to limited partnerships, particularly private equity and venture capital funds.

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Australia's FIRB regime: the impact on transactions in energy & resources sectors

Any potential foreign investor must consider the implications of the Foreign Investment Review Board (FIRB) regime, as it may relate to any proposed transaction involving companies in the mining...

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Data control conditions for foreign investment approvals in Australia

Recent decisions by the Treasurer of Australia indicate a growing trend towards the imposition of data control conditions in connection with foreign investment approvals. Investors should allow for...

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Valve appeal dismissed – foreign digital content providers beware

The Australian competition regulator (the ACCC) has succeeded in a case against Valve Corporation (Valve), a global digital distribution company, regarding its failure to provide refunds to certain...

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Security for payment in scrip transactions: a viable option in Australia?

How can novel structuring and proper care achieve security for payment in scrip transactions?

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Devil in the detail – proposed exclusions from the Ipso Facto Stay

Regarding the introduction of legislation creating a stay on enforcement of ipso facto clauses: the devil was always going to be in the detail.

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Commissioner of Taxation’s powers override litigation obligations

The Full Court of the Federal Court of Australia has held that the Commissioner of Taxation’s (Commissioner) formal information gathering powers override the obligation imposed on a party to...

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The latest word on dealing with trust assets in the liquidation of trustee companies

The Full Federal Court's decision in Killarnee provides further clarification as to how the assets of an insolvent corporate trustee are to be dealt with.

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Big changes to Aboriginal Cultural Heritage in NSW are coming: Have your say on the Draft Cultural H

The NSW Government has recently released a draft Aboriginal Cultural Heritage Bill 2018 (ACH Bill) for consultation. The ACH Bill underpins a new framework for the management and conservation of...

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Proposed new withholding obligation for GST on residential property

Legislation has been introduced into Parliament to implement the GST withholding regime for property transactions announced in the 2017/2018 Budget. If passed, vendors and purchasers will need to...

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Green light for Gunns Group liquidators (and liquidators everywhere)

JWS has achieved an excellent result for the liquidators of the Gunns Group, with success in the Federal Court’s judgment in Bryant (Liquidator) v L.V. Dohnt & Co Pty Ltd, In the Matter of Gunns...

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Linc Energy: appeal decision delivered

JWS has achieved a significant win on the Linc Energy appeal, in which we acted for Linc’s liquidators, PPB, against the Queensland State Government. The matter relates to the obligation of the...

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Getting the priorities right – the Amerind appeal

Justice Robson’s decision in Re Amerind1 was one of a number of recent authorities which created doubt as to how the statutory insolvency regime, and in particular how the priority waterfall...

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The future of the Murray Darling Basin Plan…. Will it survive?

A Royal Commission will shed some light on how the Muyrray-Darling Basin Plan can be improved, but all states and territories need to implement the plan for it to be effective.

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Bill proposes new withholding obligation for GST on residential property transactions

Purchasers of new residential premises or a new subdivision of potential residential land may be required to withhold and remit a portion of the contract price as part of the settlement process.

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Administrators beware – class action creditors cannot be arbitrarily silenced

JWS successfully protected the rights of the class action creditors to have their claims in the voluntary administration of SurfStitch Group Limited (SGL) valued appropriately, for the purposes of...

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Valve appeal dismissed – the ACCC blows off steam

Take note: this case is particularly instructive foreign businesses operating in Australia and businesses providing digital content to consumers online.

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No relief in sight as ACCC targets “targeted” pain relievers

In a new case echoing Nurofen’s bruising $6m encounter over its “pain specific” range, the ACCC has commenced proceedings against the manufacturers of Voltaren Osteo Gel.

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Getting things in proportion: liquidator remuneration

The courts’ close scrutiny of the work for which liquidators seek to be remunerated highlights that the appropriateness of applying the ‘proportionality’ principle will depend on the circumstances...

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New State Environmental Planning Policy (SEPP) for the Remediation of Land

As part of a broader review of all SEPPs, the NSW Government has announced that it is reviewing the current SEPP 55 - Remediation of Land and the associated Contaminated Land Planning Guidelines.

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Dispute Resolution Update - Jan 2018

The latest insights into our case developments, matters in the spotlight, and broader news in the dispute resolution space.

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A new Security of Payment regime for Queensland's building & construction industry

The new Act has far-reaching consequences for almost all members of the QLD construction community. Head contractors should familiarise themselves with the new requirements, particularly in...

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