Blatant illegal phoenixing stamped out in a...

The Supreme Court of Victoria recently handed down a decision in Re Intellicomms Pty Ltd (in liq)[2022] VSC 228 (Intellicomms), in what is a first for anti-phoenixing jurisprudence in Australia. The decision made findings in relation to the creditor defeating disposition provisions in the Corporations Act 2001 (Cth) (Act), which were introduced relatively recently by way of the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2019 (Cth) (Phoenixing Act). The decision in Intellicomms was the first of its kind to utilise the creditor defeating disposition amendments in the Act to hold that a transaction was a creditor defeating disposition, pursuant to section 588FDB of the Act and voidable under section 588FE(6B) of the Act. This is the first example of the new provisions combatting illegal phoenixing as was intended by the legislature.

The Personal Injury Commission refuses an...

In the recent case of Gusavac v GPC Asia Pty Ltd [2022] NSWPIC 123, Member Michael Perry of the Personal Injury Commission (PIC) held that the reconsideration application (RA) to set aside the Certificate of Determination be declined and the application to refer the matter back to the Medical Assessor (MA) for reconsideration under section 329 of the Workplace Injury Management and Workers Compensation Act 1998 be refused. 

Personal Injury Commission’s Medical Assessors...

Obeid v AAI Ltd t/as AAMI [2022] NSWPICMP 76 This case looked at whether the Personal Injury Commission’s Medical Assessors had power to determine a claim for medical expenses not incurred and not provided.