Articles

Litigation View all

Small Business Insolvency Reforms – Draft Legislation Released

In the midst of the current recession and with the fear that there will be a very significant wave of insolvencies once many of the Covid-19... Read More

Update on financial assistance available to small and medium businesses (SMEs)

This is a summary only, and as at 7 April 2020.  The situation is fast moving so update yourself regularly to ensure you have current... Read More

The Covid-19 Pandemic – Helping Directors To Steer Their Businesses Through The Economic Crisis in Australia

Over the weekend, the Federal Government announced changes to Australia’s insolvent trading laws and have taken other measures in an attempt... Read More

Accountant, Director or Defendant? You Can Be Personally Liable

As an accountant or director, you regularly think about Section 550 of the Fair Work Act , and similar provisions, don’t you?  ... Read More

Shareholder Oppression - Court of Appeal dismisses appeal in the long running “Wine in a Can” case

In a decision which was handed down on 19 December 2018, in Knights Quest Pty Ltd and Anor. V Daiwa Can Company and Anor [2018] VSCA 349... Read More

Insolvent Corporate Trustees and the Amerind Appeal

In a decision which was handed down last week, the Victorian Court of Appeal unanimously held that the statutory priority regime under the... Read More

Commercial View all

New Residential Tenancies Regulations 2021

The residential tenancy landscape in Victoria is changing rapidly, and it’s not just because of COVID. The much awaited Residential... Read More

Land transfer (stamp) duty waiver for residential property transactions of up to $1 million for Victorians

The State Government of Victoria has recently announced a land transfer (stamp) duty waiver for the purchase of residential properties in Victoria... Read More

Negotiating rent relief during the COVID-19 pandemic

On 29 September 2020, the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 were amended and as a result... Read More

First Home Loan Deposit Scheme (FHLDS)

From 1 January 2020, the National Housing Finance and Investment Corporation (NHFIC) will be in partnership with lenders to administer a new... Read More

Unfair Contract Terms – Protecting the Little Guy

Small business owners will need to consider the enforceability of their business to business standard term contracts following the recent... Read More

Shareholder Agreements in a Family Business Context

A Shareholder Agreement is a document which governs the conduct, rights and responsibilities of shareholders and directors of a company. ... Read More

Employment/Work Place Relations View all

BlueScope Steel Port Kembla’s (“BlueScope”) Operational Review 2014-2015

In the face of reduced profitability following the decreased demand for steel in Australian and global markets, BlueScope commenced a detailed... Read More

Removal of Car and iPhone During Gardening Leave Breached Employment Contract

  The Victorian Supreme Court recently found that an employer who took away its National Sales Manager’s car, iPhone and iPad... Read More

Security firm avoids redundancy pay because of “ordinary and customary turnover of labour”

In a recent decision, the Fair Work Commission has decided that a security firm need not pay redundancy pay to an employee dismissed when it lost... Read More

High Court: BHP lawfully dismissed employee who waved “scab” sign at protest

  The High Court decision of Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [1] upheld BHP Coal’s... Read More

High Court Declares No Implied Term of Mutual Trust and Confidence in Australian Employment Contracts

On 10 September 2014, the High Court of Australia in the case of Commonwealth Bank of Australia v Barker [2014] HCA 32, ruled that the... Read More

Fair Work Commission Grants Permission for Employer to be Represented in Bullying Claim

Last week, the Full Bench of the Fair Work Commission (“FWC”) handed down a decision which allowed three Respondents to an... Read More

Family Law View all

It’s time to consider arbitration in family law matters

As the Family Courts face overwhelming demand, judges are encouraging parties to turn to arbitration. As practitioners, we should be promoting... Read More

Navigating family law during COVID-19: things parents ought to know

As the impacts of COVID-19 continue to be felt, many of our clients are embarking upon unfamiliar territory in many different areas of their... Read More

Treatment of Loans in Family Law Matters

With the “Bank of Mum and Dad” being ranked as one of Australia’s top home lenders, both parents and their children alike should... Read More

Tough Love: BFA’s keeping it in the Family

Families work hard to build up a sound business, accumulate assets and some are lucky enough to have children interested in participating in the... Read More

Facebook & Family Law

With the introduction of the social networking site Facebook, people are communicating and sharing more information online. Although the site... Read More

Family Law Reforms

A major change in Family Law in Australia occurred in March 2009.  The Family Court now has jurisdiction to deal with disputes concerning... Read More