Workplace Investigations – Is your house in order?

Workplaces have changed considerably over recent years. Compliance is increasingly complex, there are multiple avenues for complaints and the costs involved continue to rise. As a consequence, it is inevitable that complaints will be raised in the workplace, irrespective of the number of employees or the industry. Complaints regarding bullying, discrimination, harassment, unprofessional or unethical […]

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ASIC calls on companies to review and renew their whistleblower policy

After having first introduced a corporate whistleblowing regime in 2004 and subsequently expanding that regime in a piecemeal way, the Federal government introduced new whistleblowing laws with effect from 1 July 2019. In simple terms, under those laws an eligible whistleblower (which includes a current or former officer, employee or contractor, or their relative, dependant […]

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Land Use Framework Plans – A new level in Melbourne’s strategic planning framework

The Department of Environment, Land, Water and Planning (DELWP) is currently seeking public feedback for newly released draft Land Use Framework Plans. Feedback for the Land Use Framework Plans is open until 24 October 2021 and be done using the following methods by visiting this link. What are Land Use Framework Plans? The Land Use […]

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COVID-19 | NSW RoadMap to Reopening – Work requirements in phase 2 (80% vaccination rate)

The Public Health (COVID-19 General) Order 2021 (NSW) (Order) is part of the roadmap for easing restrictions when 80% of the population of New South Wales who are over 16 years of age are fully vaccinated against COVID-19. The Order was amended on 15 October 2021 to take into account the move to more fully […]

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COVID-19 | NSW RoadMap to Reopening – Work requirements in phase 1 (70% vaccination rate)

The Public Health (COVID-19 General) Order 2021 (NSW) (Order) is part of the roadmap for easing restrictions when 70% of the population of New South Wales who are over 16 years of age are fully vaccinated against COVID-19. The Order was amended on 8 October 2021 to take into account the most recently announced changes […]

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COVID-19 | Mandatory vaccination for Victorian authorised workers

The Acting Chief Health Officer has issued long awaited directions making COVID-19 vaccinations mandatory for authorised workers in Victoria (the Directions). Who do the Directions apply to? The Directions apply to the ’employers’ of ‘workers’ in Victoria who are authorised to leave home for work under the Authorised Worker list. Specifically, it applies to workers […]

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COVID-19 | Mandatory vaccination in the healthcare sector in Victoria

The Acting Chief Health Officer has issued updated directions making mandatory COVID-19 vaccinations a requirement for staff to work in healthcare facilities in Victoria (the Directions). Who do the Directions apply to? The Directions apply to ‘healthcare operators’, being those who own, control or operate a healthcare facility, whether public, private or denominational. A ‘healthcare […]

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COVID-19 | Mandatory vaccination in the education sector in Victoria

Updated as at 8 October 2021 Directions have been made by the Acting Chief Health Officer making mandatory COVID-19 vaccinations a requirement for staff to work in schools (including school boarding premises), childcare and early childhood services in Victoria. Who do the Directions apply to? The Directions apply to ‘education operators’, being those who own, […]

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Gazing into the crystal ball – when assessing whether a company is insolvent, how far into the future should the Court look?

In Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2),[1] the NSW Supreme Court handed down judgment in two proceedings (which were heard together) arising from the failure of Arrium and its broader corporate group.[2] Of particular interest to insolvency practitioners, the Court was asked to […]

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When is financial product advice ‘personal’ and not ‘general’ under the Corporations Act 2001 (Cth)?

In Westpac Securities Administration Ltd v Australian Securities Investments Commission,[1] the High Court of Australia considered whether the financial product advice given by Westpac to its existing members was ‘personal advice’ within the meaning of section 766B(3)(b) of the Corporations Act 2001 (Cth) (the Act). Specifically, was the advice given or directed to members in […]

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Liquidators beware: pitfalls in admitting proofs of debt

The Federal Court’s decision in Tuscan Capital Partners Pty Ltd v Trading Australia Pty Ltd (in liq)[1] concerns an interlocutory application made by a creditor to review the liquidator’s decision to admit a proof of debt. Background The proof of debt was lodged by Fishbank Development Corporation Pty Ltd (FDC) in the amount of $56,289.43, […]

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Setting aside a Statutory Demand – a low threshold?

In Project 88 TPF Pty Ltd v Open Projects Group Pty Ltd[1] Project 88 Pty Ltd (Project 88) fell behind on payments to Open Projects Group (OPG) under a commercial building contract for the fit out of a nightclub, the Pink Flamingo Spiegelclub on the Gold Coast. OPG effectively sought to enforce a compromise agreement […]

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