Ipso facto reforms: can I enforce my contractual rights?
Ipso facto clauses are contractual provisions that allow a party to terminate or modify the operation of a contract on the occurrence of a specified event. The Federal Government has introduced reforms which limit the rights of a party to enforce ipso facto clauses in certain insolvency scenarios. The reforms came into effect on 1 […]
ReadmoreEmployment Lifecycle Series | On-boarding and induction essentials
Now that you have bedded down your recruitment processes (with the tips from the first article in our Employment Lifecycle Series – Getting Your Recruitment Processes Right), it might be time to review and consider how best to design and tailor your induction and on-boarding to suit your business’ needs. This article sets out our […]
ReadmoreVictorian Government reinforces commitment to Solar Energy with new Guidelines
The Victorian Government recently released draft Solar Energy Facilities – Design and Development Guidelines (Guidelines) to assist the development of large-scale solar energy facilities. It is intended that following consultation with the community and industry, the final version of the Guidelines will become a source of advice on the development of best practice facilities in […]
ReadmoreEmployment Lifecycle Series | Getting your recruitment processes right
Gadens’ Employment Advisory Team is pleased to introduce its new series of alerts covering the employment life cycle: From the Cradle to the Grave… From Recruitment to Termination. In this series we will bring you regular updates with useful tips on issues that our clients have encountered at all stages of the employment lifecycle, including […]
ReadmoreIntroducing the Australian Financial Complaints Authority: A Comparison Guide
The Australian Financial Complaints Authority commences on 1 November 2018. We have prepared this guide which sets out some of the key differences between FOS and AFCA and their jurisdiction to consider complaints. Click here to view. Authored by: Annette Gaber, Partner Clementine Woodhouse, Associate
ReadmoreTaxpayers sacrificed at the accountant’s altar
The Government has released its new framework for taxing private company loans which will create significant cash flow and tax costs for private business in a once in ten year bonanza for accountants. The new rules deal with “Division 7A”, which currently deems private company loans to individuals and trusts to be unfranked dividends unless […]
ReadmoreUpdate 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 purposes of increasing the pool of assets available to creditors generally. Proceedings to recover unfair preferences can be costly and it is imperative that a liquidator assess not only the evidence available to prove the […]
ReadmorePleash (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 to section 597(9) of the Corporations Act 2001 (Cth) (the Act) does not extend to assets that are only potentially available to a prospective defendant. For example, this includes a beneficiary’s interest in the assets […]
ReadmoreHigh 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, the High Court considered whether a Deed of Company Arrangement (DOCA) contravened Part 5.3A of the Corporations Act 2001 (Cth) (the Act). In particular, the High Court considered whether what is commonly described as a […]
ReadmoreUnfair 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 the Corporations Act 2001 (the Act) to preference or insolvent transaction proceedings. Underlying the decision is the impact increasingly automated processes may have on well-established legal principles regarding evidence of ‘knowledge’ and ‘belief’. This contributed […]
Readmore#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 in 2018. What started in 2017 with allegations being made against Harvey Weinstein, then set off an avalanche of sexual harassment allegations being made against high profile people both in Australia and overseas. Further momentum […]
ReadmoreModern 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 2018 (Federal Bill) passed the lower house last month and is now being considered by the Senate, and in the last Federal budget funding was provided to establish an anti-slavery unit in the Department of […]
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