Whyalla wipeout: State-sponsored upending of creditor waterfall?
Synopsis A fundamental purpose of Australia’s formal corporate insolvency laws is the provision of fair and orderly processes (administered by an independent external administrator typically appointed either by the insolvent company’s directors or its most significant secured creditor) for dealing with the company’s financial affairs. Such processes contemplate ‘pari passu’ distribution between unsecured creditors subject […]
ReadmoreFull Federal Court decision in BPS Financial litigation – More questions than answers for AFS licensees and authorised representatives?
In the latest development in ASIC’s litigation against digital asset business BPS Financial Ltd (BPS), on 30 May 2025 the Full Federal Court has allowed ASIC’s appeal against the primary judge’s decision that BPS was entitled to rely on the widely utilised ‘authorised representative’ exemption (AR Exemption) in section 911A(2)(a)(i) of the Corporations Act for […]
ReadmoreShow some restraint: the Federal Government’s changes to non-compete clauses are coming
Minister for Employment and Workplace Relations, Amanda Rishworth, has confirmed that Labor will press ahead as a “real priority” with their election commitment to ban non-compete clauses for low and middle-income earners. These proposed reforms are part of a broader agenda aimed at “encouraging aspiration, unlocking opportunity, lifting wages and making Australia’s economy more dynamic […]
ReadmoreCorruption and Integrity Update May 2025
In this edition of the Queensland Corruption and Integrity Update we consider various updates related to the CCC, including matters before the Parliamentary Crime and Corruption Committee. We also consider updates from the Office of the Information Commissioner (OIC) and Queensland Ombudsman. Parliamentary Crime and Corruption Committee Public Meetings On 13 May 2025, the Parliamentary […]
ReadmoreCEG Direct Securities v Runtong: Full Federal Court overturns decision in a victory for secured creditors
The Full Federal Court has confirmed the validity of the longstanding practice deployed by credit providers of seeking cross-security from a borrower’s related entities (particularly in the context of the financing of commercial projects by that corporate group). In rejecting the liquidator’s characterisation of such a transaction as constituting an unreasonable director-related transaction, the Full […]
ReadmoreA recipe for controversy: RecipeTin Eats and Bake with Brooki
Key takeaways Although you cannot copyright a caramel slice itself, copyright can subsist in the written recipe as a literary work. However, enforcement is likely to be difficult. Chefs and bakers often draw inspiration from each other’s recipes. However, it is generally expected to seek consent and provide credit or attribution, both respecting moral rights and […]
ReadmoreFederal election 2025 result: Employment and industrial relations reforms
Following the re-election of the Albanese Labor Government, employers can expect further industrial relations reform underpinned by principles to provide increased employee and union protections. Many businesses are likely to be impacted by changes including the continued regulation of labour hire, changes to superannuation and post-employment restraints with the reforms set to benefit a broad […]
ReadmoreCrypto judgment overturned: Block Earner succeeds in cross-appeal against ASIC
*Article updated as of 22 May 2025 The Full Court of the Federal Court of Australia handed down its much-awaited decision on 22 April 2025, overturning the judgment of Justice Jackman in the Block Earner case.[1] The decision should give digital asset providers and market participants further clarity around the application of the complex financial services regime […]
ReadmoreConsumer Express | May 2025 Edition
In the May 2025 edition of Consumer Express, we focus on the key developments impacting our consumer clients, including the positive duty to prevent unlawful sexual discrimination, updates on wage theft laws, and the complexities surrounding retail lease rent reviews. We also take a closer look at the ACCC’s 2025-2026 enforcement priorities and the potential […]
ReadmoreCorruption and Integrity Update April 2025
In this edition of the Queensland Corruption and Integrity Update we consider various updates related to the Crime and Corruption Commission (CCC) and its governing legislation, as well as updates from the Office of the Information Commissioner (OIC). Crime and Corruption Commission updates CCC’s Quarterly Report Number 9 On 7 April 2025, the CCC released […]
ReadmoreOwners Corporation update: Recent VCAT decision highlights the need for further legislative change
Owners Corporation PS738539K v Ka-Po was heard by the Victorian Civil and Administrative Tribunal (VCAT or the Tribunal) where the applicant, Owners Corporation PS738539K (the OC), sought orders pursuant to section 34D of the Subdivision Act 1988 (Vic) (the Act) to alter title boundaries in Plan of Subdivision PS738539K (Ka-Po case). The outcome of the […]
ReadmoreHeading to the polls: Workplace relations policies in the 2025 Federal Election
Australians will be heading to the polls on Saturday, 3 May 2025. As campaigning gains momentum, we are seeing more details from the major parties on workplace and industrial relations reforms should they take power. At this stage, neither Labor nor the Coalition have proposed significant industrial relations reform agendas, which is not entirely surprising […]
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