Legal insights
We strive to optimise value for our clients, and apply our legal insights and commercial advice to best support our clients’ needs. Our expert practitioners provide updates and insights into the areas of law in which we work on an ongoing basis. We think differently to most other law firms, and are recognised as a ‘go-to’ firm for legal insights and expertise. We regularly publish updates and articles on a range of legal topics and industry sectors.
Update on unfair preferences and statutory set-off
One of a liquidator’s most powerful tools is the ability to seek to recover unfair preferences from creditors for the...
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Pleash (Liquidator) v Tucker and the production of documents in public examinations: whether trust assets are ‘Examinable Affairs’
In Pleash (Liquidator) v Tucker,[1] the Federal Court makes clear that the scope of ‘examinable affairs’ in public examinations pursuant...
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High Court decision validates Holding Deeds of Company Arrangement
In Australia of Mighty River International Limited v Hughes, Mighty River International Limited v Mineral Resources Limited [2018] HCA 38,...
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Unfair preferences and insolvent transactions – ‘knowledge’ of insolvency and the good faith defence
In Stimpson v Commissioner of State Revenue [2018] QDC 140, the District Court of Queensland considers the statutory defence under...
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When is it worth protecting the bank? When it’s the bank of Mum and Dad.
It is commonplace for parents to provide their children with money to fund weddings, house deposits, cars, business ventures and...
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#MeToo and sexual harassment in Australian workplaces
The #MeToo movement and its focus on exposing the prevalence of sexual harassment in the workplace continues to resonate loudly...
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Modern slavery and what businesses need to know
Australia is slowly moving closer to the establishment of comprehensive modern slavery legislation. At Federal level, the Modern Slavery Bill...
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Documentation in Aged Care
As providers of aged care you know that comprehensive, contemporaneous, and accurate documentation is the fundamental key which enables you...
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VCAT makes important decision on balance between urban development and resource extraction in growth areas
Gadens recently acted for Austral Bricks in its successful application at the Victorian Civil and Administrative Tribunal (the Tribunal) for...
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Zombie mark has no bite
Zombie marks may not be as 'alive' as previously thought. Partner Michael Owens and Associate Celeste Bennett point out how...
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WA Court of Appeal Overturns First Instance Decision in Hamersley v Forge
To set-off or not to set-off? That was the question recently answered in the affirmative by the West Australian Court...
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What you need to know about the new portable long service leave for cleaning, security and community services workers in Victoria
On 4 September 2018, the Victorian Government passed the Long Service Benefits Portability Bill 2018. The Long Service Benefits Portability...
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