The recent decision of Davey v Dessco Pty Ltd & Anor  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.
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.
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.