Litigation
Spray Drift Claims – Our Experience
In the last decade or so, a number of cases have been decided by various state courts regarding damage caused by chemical spray drift onto a... Read More
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
Australia Sails Into Safe Harbour Legislation
On 12 September 2017, the Treasury Laws Amendment (2017 Enterprise Incentives No.2) Act passed both houses of parliament and received royal... Read More
Accountant, Director or Defendant? Are you personally liable?
As an accountant or director, you regularly think about the impact of Section 550 of the Fair Work Act 2009 ( FWA ), and similar... Read More
A Cautionary Tale - Vineyard Owner awarded more than $7million in damages for Chemical Spray Drift
In a decision which was handed down in the Supreme Court of Victoria on 28 June 2017 ( Riverman Orchards Pty Ltd (as Trustee for the A&C... Read More
Safe Harbour Insolvency Reforms
The Federal Government has just released the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill, 2017 for public discussion.... Read More
“Prevention is better than the cure” – Damages awards in discrimination and sexual harassment cases are now significantly higher than previously awarded
In a recent decision of the Human Rights Division of the Victorian Civil and Administrative Tribunal (“VCAT”) handed down on 23... Read More
“Hold it right there!!” – When Employees try to run off with your Intellectual Property
In the recent Federal Court decision of Leica Geosystems Pty Ltd v Koudastaal (No 3) [2014] FCA 1129, the Court has found that an employee... Read More
Amendments to the law relating to Part IV or Testators Family Maintenance Applications
A new law has been passed by the Victorian Parliament which will come into effect as and from 1 January 2015 and will apply to Wills of... Read More
Liquidators’ Duty of Candour
The liquidators of Octaviar Administration Pty Ltd (in Liquidation) were criticised by the New South Wales Supreme Court for their lack of candour... Read More
Social Networking: The New Whistleblower
In what could be called a first in Australia, the Federal Court has held a company and its sole director responsible for statements made by... Read More
Directors - A Cautionary Tale
We hear again and again in the media of companies incurring debts, breaching contracts and then closing down the business and leaving creditors... Read More
Settled! Ways to resolve disputes quickly and outside Court
Issuing or defending potentially costly Court proceedings in order to resolve a dispute is not always commercially viable. The good news is... Read More
Cyber-Squatters
Over the past 10 years or so domain names, and their corresponding websites, have for many organisations become a crucially important part of... Read More
Contesting Wills
Our legal system recognises the fundamental right of a person to dispose of their property as they wish upon death. There are however a... Read More
Passive smoking and the law
You might have problems with people smoking in your workplace, or smoke filtering in to your home from your neighbour’s house. Perhaps... Read More
Daniels -v- ACCC
Meerkin & Apel has had an important win in the High Court dealing with Legal Professional Privilege where the High Court agreed with... Read More
Tiny Mark that's growing in value
Article - HERALD SUN - BUSINESS OWNER, by Claire Heaney, Thursday, June 14, 2007 - Page 76 Retailer Toys R Us has been forced to pay... Read More
Australian Competitors - Anti-Doping Laws
Australian Sports Competitors are subjected to random drug tests. The tests are carried out by Drug Control Officials (“the... Read More