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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?

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?

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

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

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

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

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

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’

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’

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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NSW Supreme Court reminds plaintiffs of requirements for claiming directly against liability insurers

In Count Financial Limited v Pillay[2021] NSWSC 99, Stevenson J of the Supreme Court of NSW examined whether leave under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (theAct) should be granted to a plaintiff seeking to join an accountant’s professional indemnity insurer to proceedings.
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NCAT has jurisdiction to deal with disputes where a party temporarily moves outside of New South Wales

The appellant, Ms Anagnostou and the respondent, Ms Leo were parties to a residential tenancy agreement under the Residential Tenancies Act 2010 (NSW) (‘Agreement’).
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Compliance is essential for winding up applications during COVID

Late in 2020, In the matter of Ryals Hotels Pty Ltd [2020] NSWSC 1906, the Supreme Court of New South Wales was required to examine various restrictions brought into support businesses through the COVID period and what impact they had on an application by a landlord to wind up a commercial tenant.
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Landlord’s attempt to avoid COVID restrictions for commercial tenant a costly exercise

During 2020, as part of the National Cabinet’s response to COVID-19, a number of measures were put in place to assist businesses to continue to trade including:
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Footy player’s “spear tackle” negligence case gets a red card from the Court of Appeal

2020 has been a year of ”big hits” in the dangerous recreational activity space.   It has also been in a year in which our sportsmen have featured in the evening news, often for their off‑field behaviour.     The recent news that former England Rugby international, 42 year old Steven Thompson, has been diagnosed with early onset dementia, and is involved in a potential class action in relation to the repetitive head trauma he says gave rise to his condition; has sent shock waves through the sporting world.

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