Articles

The High Court, Privilege and Paradise: the ATO and accessing corporate confidential information

Last week, in Glencore v Commissioner of Taxation [2019] HCA 26 the High Court of Australia unanimously affirmed the status of Legal Professional Privilege (LPP) as merely an immunity from the...

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Are fingerprints employee records? Biometric data in the workplace

In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification...

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Damage to an employer’s reputation can trump free speech and justify dismissal

In the wake of the closely watched proceedings recently commenced by Israel Folau regarding the termination of his employment for his comments on social media, the right of a public sector employee...

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A tip for liquidators of insolvent corporate trustees: appoint a receiver

How should the liquidator of an insolvent trustee company ensure payment out of trust assets of the entirety of his or her remuneration and expenses? According to the Federal Court , from the...

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Core R&D activities to be given broader construction

Last week, the Full Federal Court (per Davies, Moshinsky and Steward JJ) handed down a decision in Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC 120.

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Rising from the ashes - reintroduction of the Illegal Phoenixing Bill

Australia’s insolvency laws are changing, yet again.

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ASIC engages in further consultation on regulation of foreign investment advisers and other FFSPs

On 3 July 2019, the Australian Securities and Investments Commission (ASIC) issued the long-awaited Consultation Paper 315 (CP 315), setting out its proposals for the new regulatory regime for...

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Class Action Update - Shifting Sands: Orders for defendants to produce insurance policies

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.

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A bitter pill to swallow: When an “Offer” is actually an agreement

The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter...

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Modern slavery laws in Australia and New South Wales: a ‘how to’ guide for organisations

These new legislative regimes in Australia have been largely inspired by existing modern slavery and transparency legislation in the UK and the USA.

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The Voller decision: tightening liability for third party content

The Supreme Court of New South Wales has held that, in relation to defamation liability, media companies are deemed to be the publishers of any comments posted to their public Facebook pages by...

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A matter of trust: High Court rules on distribution of assets of an insolvent corporate trustee

In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.

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Dealings between major shareholders in a scheme of arrangement – without needing joint bid relief

The Federal Court has approved one of the more novel schemes of arrangement in recent times, where the bidder (already a major shareholder), required that both the target’s Executive Chairman...

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When should a director refrain from recommending a scheme?

The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a...

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Hobson’s Choice? Statutory unconscionability revisited in ASIC v Kobelt

By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court’s decision regarding the actions of a storekeeper who provided a “book-up” credit service to indigenous residents in...

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Navigating changes to the employment landscape in FY20

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

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The Osteo Gel case - what you need to know

A short case summary on the recent Osteo Gel case.

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“Adding fuel to the fire”: Administrators fail in bid to adjourn winding-up of Paltar Petroleum Ltd

On 3 May 2019, the Federal Court of Australia dismissed an application brought by the administrators of an oil and gas exploration company, Paltar Petroleum Limited (Paltar) to adjourn proceedings...

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The new GST withholding regime for New Residential Premises and Potential Residential Land

With effect from 1 July 2018, a new withholding regime for GST will require purchasers to withhold an amount from the purchase price for ‘new residential premises’ and for ‘potential residential...

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Angas Securities scheme of arrangement approved

On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.

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Court Rejects ASIC’s Application for an Inquiry into a Liquidator's Conduct

The NSW Supreme Court has reaffirmed the criteria for a Court to inquire into a liquidator’s conduct

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Lazarus with a triple bypass – s444GA in liquidation

The recent sale of Black Oak Minerals Limited (Black Oak) to Ramelius Resources Limited (ASX: RMS) (Ramelius) shows that section 444GA of the Corporations Act 2001 (Cth) (the Act) can be used to...

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Employee Incentive Plans – which plan should you adopt?

What are employee incentive plans and why do employers use them?

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Guidance for receivers on post-appointment tax liabilities

Dealing with the important question of a receiver’s obligation to retain money for post-appointment tax liabilities.

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