Insights

Property issues in Australia: Tenants and COVID-19

This week the Prime Minister announced that State and Territory governments would be working on model rules designed to support tenants experiencing hardship due to COVID-19.

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Response to COVID-19: Tax Measures at the Commonwealth, State and Territory levels

The Commonwealth, State and Territory governments have introduced a range of stimulus measures to assist businesses and workers during this challenging time.

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Containing the COVID-19 contagion: temporary relief for financially distressed companies

The Coronavirus Response Bill provides, amongst other legislative amendments, for temporary changes of 6 months’ duration to Australian insolvency and corporations laws to assist in managing the...

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Competition law and COVID19 - the upside and downside

How competition and consumer laws can impact your business during these uncertain times.

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Polluter pays? Draft Financial Assurance Guideline and Policy out now for consultation

In March 2020 the NSW EPA released its Draft Financial Assurance Policy (Policy) and Draft Guideline on Estimating Financial Assurances: Independent Assessment of Costs (Guideline) for public...

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ASIC releases new regulatory framework for foreign financial services providers (FFSPs)

On 10 March 2020, ASIC released its new regulatory framework for FFSPs providing financial services to Australian wholesale clients.

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Fruit of the poisoned tree – examination summonses fatally tainted by improper purposes

This decision is an important reminder to liquidators to exercise their independent and professional judgment.

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ACCC compliance and enforcement priorities 2020

The ACCC has released its Compliance and Enforcement Priorities for 2020.

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A warning and opportunity for liquidators pursuing unfair preference claims

In its recent decision in the ongoing Solar Shop litigation, the Full Federal Court established two key principles which will have significant ongoing implications for the conduct of unfair...

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Managing employer responses to the Coronavirus

The Novel Coronavirus (COVID -19) was first reported in December 2019 in Wuhan City, China. Many employers now face the question of how to respond to the unfolding outbreak and need to determine...

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Rising from the ashes – Illegal Phoenixing Bill receives Royal Assent

Australia’s insolvency laws have been amended, yet again.

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Foreign Person Surcharge Duty, Discretionary Trusts - Recent Announcements in Victoria and NSW

Foreign Persons Surcharge Duty and Discretionary Trusts have recently changed in VIC and NSW.

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Three game changers in 10 days in the class action space

First, on 29 November 2019, the Queensland floods class action judgement was delivered by Beech-Jones J in Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No...

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The Liquidator’s Toolbox: A reminder of the power to search and seize

A recent Federal Court decision serves as a helpful reminder to liquidators about the potential availability of warrants under section 530C of the Corporations Act 2001 (Cth).

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Changes to the ASX Listing Rules

Late last year the Australian Securities Exchange (ASX) released its consultation paper “Simplifying, clarifying and enhancing the integrity and efficiency of the ASX Listing Rules”. After...

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Financial product advice - what was general is now personal

On 28 October 2019, the Full Court of the Federal Court published its judgment in Australian Securities and Investment Commission v Westpac Securities Administration Limited

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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Are claims by a regulator extinguished by a DoCA?

The Federal Court has considered whether a deed of company arrangement (DoCA) binds a regulator.

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“Just and equitable” winding up: a viable cure for creditor distress and shareholder oppression

The Supreme Court of Victoria’s recent decision in Pacific Dairies Limited v Orican Pty Ltd illustrates judicial unwillingness to interfere in shareholder disputes, even in cases involving...

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The continued saga of the Babcock & Brown liquidation

In a decision of the Federal Court handed down on 18 October 2019 in Masters v Lombe (Liquidator); In the Matter of Babcock & Brown Limited (In Liquidation) [2019] FCA 1720, Foster J held that...

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Quick guide to new modern slavery laws

New Modern Slavery laws are now in place and you may be legally required to submit an annual modern slavery statement.

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Defamation Panel: CAMLA’s Communications Law Bulletin

Following a hearing in February this year, the Supreme Court handed down its judgment in the Voller case on 24 June 2019 and the result is intriguing for a host of reasons.

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Powers of attorney and step-in rights as security interests?

The status of power of attorney clauses and “step-in rights” provisions under the Personal Property Securities Act 2009 (Cth) (PPSA) remains an issue.

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Website evidence goes Wayback

Parental cautions to their millennial children that “the internet is forever” now have an echo in Australian litigation following the recent decision of the Federal Court in Dyno Nobel Inc v Orica...

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Recent Australian class action highlights

With a 25-year-old class action regime that is well established for all types of matters (consumer, competition and shareholder claims) and which does not face the significant interlocutory...

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