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.

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:

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.

On 2 December 2020, the Supreme Court of NSW – Court of Appeal, delivered judgment in the matter of Roude v Helwani [2020] NSWCA 310 and, in a decision that is important to the ability of builders and contractors to pursue claims over amounts in smaller jurisdictions, the Court of Appeal has confirmed that it is not necessary to incur the costs of obtaining an expensive independent expert report in order to succeed in a claim in quantum meruit.

As the temporary relief and protection for businesses impacted by COVID-19 comes to an end on 31 December 2020, insolvency experts brace for a potential floodgate of insolvency administrations. Parliament clarifies the new provisions under the Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 (Cth) (Bill) which will commence on 1 January 2021.

The recent decision in WorkPac Pty Ltd v Rossato saw the Federal Court decide that a casually employed worker was actually a permanent employee.

When it comes to workers’ rights and paid rest breaks, the Federal Court recently ruled that workers have a “workplace right” to toilet breaks and to drink water while in the workplace.  Why is this important for employers and HR professionals?

On 24 September 2020, the Australian Government announced its proposed major reforms to insolvency laws to support small business recovery and to streamline the insolvency process. The reforms are expected to commence on 1 January 2021, subject to the passing of legislation. The reforms will adopt features from Chapter 11 of the United States Bankruptcy Code, being a “debtor in possession” corporate insolvency model.

This year has been a particularly complicated one for people wanting to visit or migrate to Australia, forcing many to put their plans on hold or abandon them all together.

Most of us go through life thinking very little about pick sticks, but in the case of Smith v Coles Supermarkets Australia Pty Ltd, it was the humble pick stick that (almost) picked victory out of the jaws of defeat.

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  

Before being placed into voluntary administration, Eliana Construction and Developing Group Pty Ltd (Company) and Mad Brothers Earthmoving Pty Ltd (Mad Brothers) executed a settlement agreement in which the Company agreed to pay Mad Brothers $220,000 for a debt the Company owed Mad Brothers. A payment of $220,000 (Payment) was made to Mad Brothers by Rock Investments Pty Ltd (Rock) from a loan facility Rock had with Nationwide Credit Pty Ltd.  

Hicksons was recently successful in a Presidential Appeal in the Workers Compensation Commission, confirming that Arbitrators need to determine “the nature of an injury”. 

As part of the response to the COVID crisis, temporary measures have been introduced to facilitate the electronic execution of documents. In this blog we consider whether those measures would have changed the decision in the Bendigo Case and the extent to which they are likely to remain temporary.