An overview of the changes to the witnessing requirements for Queensland Land Registry forms

The Natural Resources and Other Legislation Amendment Act 2019 (Qld) introduced additional requirements for witnessing documents including: requiring the witness to take reasonable steps to verify the identity of an individual and to ensure the individual is the person entitled to sign the document; requiring the witness to keep a written record of the steps they took […]

Readmore

Earth to the Mothership: a reminder to liquidators bringing group unfair preference claims to follow the rules

Recently, some liquidators appear to prefer to commence unfair preference claims against multiple defendants within a single proceeding, rather than multiple separate proceedings. Proceedings commenced in this way are often referred to as ‘mothership proceedings’. The appeal of ‘mothership proceedings’ from the liquidators’ point of view is obvious. Justice Brereton in Re Bias Boating Pty Ltd[1]  […]

Readmore

ASIC appeals Westpac’s success in the responsible consumer lending test case

In Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244, the Australian Securities and Investments Commission (ASIC) has brought a ‘test case’ considering alleged breaches of responsible lending obligations against Westpac Banking Corporation (Westpac). In particular, ASIC alleged Westpac breached the National Consumer Credit Protection Act 2009 (Cth) (the Act) through the use of its […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore