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.
On 19 October 2017 a groundbreaking Bill was introduced to Federal Parliament that, if passed, would see significant changes to existing bankruptcy law.
Two significant legislative amendments to Australian competition law have passed Parliament following recommendations from the 2015 Harper Competition Policy Review.
A new clause in the Corporations Act establishes a safe harbour for company directors against personal liability for insolvent trading in certain prescribed circumstances.
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.
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.
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.
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.
In May 2017, the Queensland Government announced a three-month inquiry into the towing industry and the removal of parked vehicles from publicly accessible private carparks and private roads that are not currently covered by the existing legislation. This article outlines the law as it currently stands in Queensland.
Understanding which unregistered interest has priority under a credit agreement in the event of default or liquidation
When supplying goods or services to a customer on credit, it is important for businesses to be aware of the circumstances in which competing unregistered interests may have priority should a customer’s assets be unable to cover all debts to all creditors in the event of liquidation.