An undischarged Bankrupt’s right to sue for income earned during the course of bankruptcy
The recent decision of Davey v Dessco Pty Ltd & Anor [2017] VSC 744 in the Supreme Court of Victoria has clarified that an undischarged bankrupt is entitled to commence court proceedings for personal income earned during the bankruptcy period and that the income does not vest in the bankruptcy trustee.
New Year’s resolutions for your business - things you should do to start 2018 off right
The start of a new year is an opportune time for businesses to review important business matters to identify potential risks and opportunities for growth that will ensure the success of the business in the year ahead.
Bankruptcy update: The Court’s power to go behind a Judgment
In a landmark decision Ramsay Health Care Australia v Compton, the High Court found that a bankruptcy notice founded on a judgment debt can be challenged and that the Court can use its discretion to “go behind” a judgment that is relied upon in a bankruptcy notice to determine whether the debt is truly owing.
04/12/2017
Groundbreaking changes to bankruptcy law introduced to Parliament
On 19 October 2017 a groundbreaking Bill was introduced to Federal Parliament that, if passed, would see significant changes to existing bankruptcy law.
06/11/2017
New laws target misuse of market power
Two significant legislative amendments to Australian competition law have passed Parliament following recommendations from the 2015 Harper Competition Policy Review.
23/10/2017
New safe harbour provisions for company directors – Things you need to know
A new clause in the Corporations Act establishes a safe harbour for company directors against personal liability for insolvent trading in certain prescribed circumstances.
10/10/2017
Standard form contracts with small businesses – users beware
The Australian Competition and Consumer Commission has provided protection for small businesses from unfair contract terms in business-to-business standard form contracts. Find out what types of clauses have been affected by the changes and are likely to raise concerns under the unfair contract terms law.
26/09/2017
The Insolvency Law Reform Act 2016 (Cth) – how it is being implemented in practice
Although some provisions of the Insolvency Law Reform Act 2016 (Cth) did not come into effect until 1 September 2017, recent cases demonstrate that the courts have found certain deferred provisions apply from 1 March 2017.
12/09/2017
Potato, potahto, plebiscite, survey – will we call the whole thing off?
The Federal Government’s plans to give Australians the right to vote on legalising same-sex marriage has changed from a compulsory plebiscite to a voluntary postal survey. Find out what this change means for marriage equality in Australia.
29/08/2017
Are you eligible to join the class action against the makers of the Nurofen Specific Pain range?
The recent class action issued against pharmaceutical company Reckitt Benckiser, the makers of Nurofen Specific Pain range of tablets, is an example of how class actions can be used to take legal action on behalf of a larger group of persons in relation to a common dispute or injury.
15/08/2017