Regarding the introduction of legislation creating a stay on enforcement of ipso facto clauses: the devil was always going to be in the detail.
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...
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.
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...
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...
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...
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...
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...
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.
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.
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...
Take note: this case is particularly instructive foreign businesses operating in Australia and businesses providing digital content to consumers online.
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.
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...
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.
The latest insights into our case developments, matters in the spotlight, and broader news in the dispute resolution space.
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...
Lawyers and business need to appreciate that the risks of disclosure are greater now than ever before.
Updated article: originally published as 'review of the regulatory and tax landscape for foreign investors.'
It is anticipated that a number of changes to the EDI scheme will encourage Mineral Explorers to engage in new capital raisings for the purpose of undertaking mineral exploration.
Making sense of the purchase money security interest (PMSI) priority provisions in the Personal Property Securities Act 2009 (Cth) (PPSA) can be challenging for financiers and insolvency...
The recent Hughes decision illustrates the significance of PPSA security interests despite the existence and subsequent termination of a DOCA.
On 16 October 2017, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (Cth) was passed by Australia’s House of Representatives and granted Royal assent. Following the Royal...
A discussion of some issues which may be relevant to a practitioner’s decision as to whether to act as an advisor in the safe harbour period.