Corruption and Integrity Update – September 2025
In this edition of the Queensland Corruption and Integrity Update we review the latest updates from key Queensland integrity bodies including the CCC, the Office of the Independent Assessor, the Information Commissioner, the Integrity Commissioner, and the Ombudsman. We also highlighted updates on the operation of the Right to Information and Information Privacy Acts. CCC […]
ReadmoreGroundbreaking whistleblower developments – ASIC v TerraCom Limited ACN 143 533 537
On 26 August 2025, the Federal Court of Australia handed down a decision resulting in ASIC’s first enforcement outcome for contraventions of the whistleblower provisions of the Corporations Act (Cth) 2001 (Corporations Act) in ASIC v TerraCom Limited ACN 143 533 537. Background TerraCom Limited ACN 143 533 537 (TerraCom) is a public company listed […]
ReadmoreCorruption and Integrity Update – August 2025
In this edition of the Queensland Corruption and Integrity Update we consider various updates related to the Parliamentary Crime and Corruption Committee, the Crime and Corruption Commission and the Office of the Queensland Integrity Commissioner, as well as from the recent estimates hearings. Parliamentary Crime and Corruption Committee Public Meetings On 19 August 2025, the […]
ReadmoreATO pivots to enforcement and penalties for STP breaches
The Australian Taxation Office has updated its website to announce a new draft Law Administration Practice Statement is coming on the administration of penalties that apply to employers or superannuation funds who fail to comply with Single Touch Payroll (STP) reporting obligations. The ATO has said the draft title of the new PS LA is […]
ReadmoreFinder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture
On 24 July 2025, the Full Federal Court dismissed ASIC’s appeal against Finder Wallet Pty Ltd (Finder Wallet) and ordered it to pay costs.[1] The Court held that the primary judge made no error in concluding that the ‘Finder Earn’ product did not amount to a ‘debenture’ within the meaning of s 9 of the […]
ReadmoreCreditors beware: liquidator’s discretion not to call a creditor’s meeting upheld in NSWSC judgment
On 13 June 2025, the Honourable Black J delivered judgment in the Supreme Court of NSW in In the matter of Balamara Resources Limited (in liquidation) [2025] NSWSC 618. His Honour confirmed that the liquidators of Balamara Resources Limited (Balamara) were justified in declining to convene a meeting of the creditors of Balamara at the […]
ReadmoreA matter of trust: High Court rejects trust creditor claims against third party recipients of trust property
In a 4:3 split decision, the High Court of Australia clarified that a successor trustee does not owe a fiduciary duty to a former trustee in respect of the former trustee’s entitlement to indemnification from trust assets.[1] The High Court judgment confirms that former trustees (and their trust creditors) have no independent recourse against a […]
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 […]
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 […]
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 […]
ReadmoreACCC v Hutchinson: understanding an “understanding”
Gadens acted for Hutchinson Builders (Hutchinson) in a recent High Court case,[1] in which the ACCC unsuccessfully sought to overturn a finding made by the Full Court[2] that an “understanding” for the purposes of s 45E(3) of the Competition and Consumer Act 2010 (Cth) (CCA) requires communication of assent that precedes and is distinct from […]
ReadmoreNational Integrity Spotlight – April 2025
In the first quarterly edition of the National Integrity Spotlight for 2025, we consider the latest update to the Corruptions Perception Index, legislative updates on whistleblowing and electoral reform,, and the findings of the Parliamentary Joint Committee on the NACC. We also consider updates from the NACC and state-based integrity organisations, as well as a […]
Readmore
