Unfair contract terms – big changes mean big risk for businesses
Many businesses will be familiar with the existing ‘unfair contract terms’ regime in the Australian Consumer Law (the ACL). Draft legislation has been circulated which will implement big changes, including potential penalties of $10 million or more. Businesses will likely need to review many of their contract terms, as the new regime will be much […]
ReadmoreUsing Technology for Better Legal Outcomes
“Computers are going to take over certain legal tasks—the practice of law will focus more on advice.” (Ricardo Anzaldua) For lawyers, it is difficult enough to keep up to date with volumes of legislative changes let alone monitor the technological solutions that help us do our jobs better. However, technology aids for lawyers have transitioned […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 2.0 – Here we go again!
On 24 August 2021 the Victorian Government released the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations). Unlike its 2020 predecessor, the 2021 Regulations are complex and include a number of key differences. The brief summary below does not lend itself well to the complexity that will be faced by landlords and tenants alike over the […]
ReadmoreAppointed too late – company fails to avoid liquidation
Section 440A(2) of the Corporations Act 2001 (Cth) (the Act) requires the Court to adjourn a winding up application if it is satisfied that it would be in the best interest of creditors for the company to continue under administration rather than be wound up. In the matter of Integrated Green Energy Solutions Ltd (administrators […]
ReadmoreWho can use documents obtained in public examinations and when?
In LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd (In Liquidation) [2021] FCA 324, the Federal Court considered whether a third party who has been assigned a company’s claim by a liquidator breached the Harman undertaking with respect to documents obtained through public examinations. What happened? 316 Group Pty Ltd (316) […]
ReadmoreTo terminate or not to terminate? Proving solvency following the making of a winding up order
Hughes, in the matter of Substar Holdings Pty Ltd (in liquidation) (No. 2)[1] (Substar No. 2) considers the Court’s discretionary power to terminate the winding up of a company pursuant to s 482(1) of the Corporations Act 2001. Substar No. 2 follows the decision of Hughes, in the matter of Substar Holdings Pty Ltd (in […]
ReadmoreWhat did the Federal Court say when it recently considered joint legal professional privilege?
In Kayler-Thomson v Colonial First State Investments Limited (No 2),[1] the Federal Court considered the issue of joint legal professional privilege and confirmed that it can only be waived by the actions of all holders of the privilege. Background Mr Keith Kayler-Thomson (Mr Kayler-Thomson) was an applicant in representative proceedings brought against Colonial First State […]
ReadmoreCOVID-19 | Regulations reinstate rent relief regime for impacted lessees in NSW
In response to the impact of lockdowns on businesses in New South Wales, the New South Wales government has introduced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (NSW) (Updated Regulation). What has changed? The Updated Regulation extends the protections granted to impacted lessees under the Retail and Other Commercial Leases (COVID-19) Regulation […]
ReadmoreNew priority planning pathways for social and affordable housing development
There is currently a significant affordable housing shortfall in Victoria. Victoria’s Big Housing Build program presents new opportunities for private sector developers to work with Registered Housing Associations to deliver this much needed housing stock. The Gadens Real Estate & Construction Team recently hosted a virtual Boardroom Briefing on the new planning priority pathways for […]
ReadmoreEasing of continuous disclosure obligations made permanent by the Federal Government
On Tuesday 10 August 2021, the Australian Parliament enacted changes to company continuous disclosure laws under Schedule 2 of the Treasury Laws Amendment (2021 Measures No 1) Act 2021 (Amending Act). Schedule 2 to the Amending Act was originally given life by: Treasurer Frydenberg’s introduction of the Corporations (Coronavirus Economic Response) Determination (No. 2) 2020, […]
ReadmoreCOVID-19 | Mandatory COVID-19 vaccinations in the workplace – is it lawful?
While there have been many issues which employers have had to face during the COVID-19 pandemic, of late the issue which has received the most media coverage, and which has probably caused the most concern for employers, is the issue of whether an employer can mandate that its employees must receive COVID-19 vaccinations. We have […]
ReadmoreThe High Court provides more certainty around casual employees
The High Court has provided further certainty in determining whether an employee is a casual employee in handing down its much anticipated decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 (4 August 2021). However, because of reforms in this space earlier this year, the practical implications of the High Court’s decision in Rossato […]
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