AFCA now considering legacy complaints dating back to 2008

Until June 2020, AFCA can consider certain Legacy Complaints dating back to 1 January 2008 when administering the AFCA external dispute resolution scheme. This may pose evidentiary challenges both in terms of retention of relevant documents and staff recollection of events which occurred over a decade ago. The expansion of AFCA’s jurisdiction also means that […]

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The Model Litigant post the Hayne Royal Commission – walking a tightrope?

A great deal has already been written about the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Banking Royal Commission) and the scandals which emerged throughout. Commissioner Hayne’s ire (and that of the public and media) was felt by many, including the regulators, the Australian Securities and Investments Commission (ASIC) and […]

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Strengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – disqualification from managing corporations

Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) commenced.  This article will focus on the provisions introduced to disqualify wrongdoers from managing corporations. Please refer to our article summarising the other critical changes and key concepts for more information. The amendments introduce provisions empowering ASIC and the Court to disqualify company directors or officers […]

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Strengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – offences and civil penalty provisions

Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) (the Act) commenced.  This article will focus on the key changes made to the employee entitlements provisions.   The purpose of the Act The objective of the Act is to stop sharp corporate practices which improperly burden the Fair Entitlements Guarantee (FEG) scheme under the Fair […]

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Strengthening Employee Entitlement Protections in the Corporations Act Amendment in focus – employee entitlement contribution orders

Earlier this year, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act (Cth) (the Act) commenced.  This article will focus on the provisions introducing employee entitlement contribution orders. Please refer to our article summarising the critical changes and key concepts introduced by the Act. The amendments aim to deter corporate groups from adopting structures where the insolvency of a corporate […]

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Court endorses close oversight of conduct of liquidation by priority creditors including FEG and GEERS

In the matter of 1st Fleet Pty Ltd (in liquidation), the Commonwealth applied for orders that the liquidators of 10 companies in liquidation provide specific information and/or produce certain documents to the Commonwealth. This request related to the validity of the constitution of and certain steps taken by the Committee of Inspection and the reasonableness […]

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Economic duress – what it is, and what it is not

Customers in disputes with their lender often raise economic duress in circumstances where a lender attempts to take enforcement action. The potential ramifications are significant because a successful claim of economic duress can render the relevant agreement voidable. However economic duress is not simply the application of economic pressure applied by one contracting party over […]

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