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No more peak indebtedness in unfair preferences...

The Full Court of the Federal Court of Australia in Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed)[2021] FCAFC 64 (Badenoch No. 1) has decided that the peak indebtedness rule, often relied upon by liquidators in calculating the quantum of unfair preference claims in situations where there was a continuing trading relationship between the company in liquidation and the creditor under section 588FA(3) of the Corporations Act 2001 (Cth) (the Act), does not apply.

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‘When was the payment claim served?’ - An...

The Building and Construction Industry Security of Payments Act1999 (The Act) is a relatively short Act that has created more than its fair share of litigation since its introduction.

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When a failure to provide particulars leads to...

In the recent case of Wahhab v Insurance Australia Ltd [2021] NSWSC 521, a Claims Assessor refused to refer a matter for Claims Assessment on the grounds the claimant had been deemed to have withdrawn their claim. The NSW Supreme Court upheld this decision. 

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No more peak indebtedness in unfair preferences - 3 things you should know

No more peak indebtedness in unfair preferences - 3 things you should know

The Full Court of the Federal Court of Australia in Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed)[2021] FCAFC 64 (Badenoch No. 1) has decided that the peak indebtedness rule, often relied upon by liquidators in calculating the quantum of unfair preference claims in situations where there was a continuing trading relationship between the company in liquidation and the creditor under section 588FA(3) of the Corporations Act 2001 (Cth) (the Act), does not apply.
Blog
‘When was the payment claim served?’ - An expensive lesson in properly serving documents

‘When was the payment claim served?’ - An expensive lesson in properly serving documents

The Building and Construction Industry Security of Payments Act1999 (The Act) is a relatively short Act that has created more than its fair share of litigation since its introduction.
Blog
When a failure to provide particulars leads to a deemed withdrawal of a claim

When a failure to provide particulars leads to a deemed withdrawal of a claim

In the recent case of Wahhab v Insurance Australia Ltd [2021] NSWSC 521, a Claims Assessor refused to refer a matter for Claims Assessment on the grounds the claimant had been deemed to have withdrawn their claim. The NSW Supreme Court upheld this decision. 
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‘Long-COVID’ - Dealing with COVID-19 workplace injuries and consequential conditions

‘Long-COVID’ - Dealing with COVID-19 workplace injuries and consequential conditions

The current two-week lockdown in NSW is a timely reminder that COVID-19 and the risk of COVID-19 infections in the course of employment remain real, particularly for those essential workers who are unable to work from home.
Blog
‘Speak now… or forever hold your peace’ – Requirements for claiming outside the limitation period

‘Speak now… or forever hold your peace’ – Requirements for claiming outside the limitation period

On 23 April 2021 the Personal Injury Commission delivered a determination of appeal against a decision of the Commission in Burke v Suncorp Staff Pty Ltd [2021] NSWPICPD 6. The worker claimed the Member had erred in fact in finding and that the worker’s failure to claim compensation was not occasioned by ignorance.
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Company fails to avoid liquidation by appointing last minute administrators

Company fails to avoid liquidation by appointing last minute administrators

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
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Crimes and misdemeanours abroad: When can an employer dismiss an employee for their actions outside work?

Crimes and misdemeanours abroad: When can an employer dismiss an employee for their actions outside work?

Managing misconduct in the modern workplace is challenging enough, but what about misconduct where it occurs outside work hours? The workplace’s relationships, expectations and legal frameworks become even more challenging to navigate in such circumstances. 
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When are mandatory flu vaccinations in the workplace considered lawful and reasonable?

When are mandatory flu vaccinations in the workplace considered lawful and reasonable?

The Fair Work Commission (FWC) recently ruled in favour of an employer’s mandatory vaccination policy, when considering an unfair dismissal application.
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Exposing breaches of privacy – mandatory notification of data breach scheme approaching for NSW

Exposing breaches of privacy – mandatory notification of data breach scheme approaching for NSW

For over two years, the NSW Government has considered whether a mandatory reporting scheme for data breaches should be adopted under the State’s privacy framework.
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New changes to the Fair Work Act for casual employees – What you need to know

New changes to the Fair Work Act for casual employees – What you need to know

You may have heard through the media that the Australian Government has passed changes to the Fair Work Act 2009 (Cth) (FW Act) legislation regarding casual employees.  
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ASIC extends relief on virtual meetings

ASIC extends relief on virtual meetings

The recent lockdown in Brisbane is a timely reminder that a return to ‘business as usual’ is still uncertain.  This article explores the Australian Securities and Investments Commission (ASIC)’s ‘no action’ position, which is intended to facilitate businesses to hold their meetings effectively despite restrictions on gatherings and travel.
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A Backward Stride for COVID-19 bankruptcy measures

A Backward Stride for COVID-19 bankruptcy measures

As the extension of the temporary relief and protection provided by the Corporations and Bankruptcy Legislation Amendment (Extending Temporary Relief for Financially Distressed Businesses and Individuals) Regulations 2020 during the outbreak of COVID-19 came to an end on 31 December 2020, as of 1 January 2021:
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Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Since the introduction of the proportionate liability regime in the Civil Liability Act 2002 (NSW) over 15 years ago, there has been a series of cases which have contributed to how the regime operates, including in the High Court of Australia decision of Hunt & Hunt Lawyers v Mitchell Nominees[2013] HCA 10.
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Omnibus Bill: The end of ‘double dipping’

Omnibus Bill: The end of ‘double dipping’

Following the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato Decision), many casual employees in Australia were likely to have been categorised as permanent employees, on the basis that they:
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Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Most of us would be aware of at least one or two celebrities killed or seriously injured in skiing accidents, such as Michael Schumacher and Sonny Bono.   But how dangerous is skiing really? Are these well known cases mere anomalies in an otherwise safe sport?   The Supreme Court recently grappled with a similar question, considering whether skiing is a “dangerous recreational activity” in light of statistical data which, arguably, suggested otherwise.  

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