Fair Work Ombudsman’s concern about the key advisors’ role

In a recent media release statement, the Fair Work Ombudsman (“FWO”) advised that they had concerns with the role of the key advisors such as accountants and HR professionals in respect of serious and deliberate contraventions. The Fair Work Act 2009-Section 550 (“FWO Act”) generally describes that Involvement in Contravention to be treated in the same … Continued

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Insurer’s Liability to Third Parties

The High Court Decision in the case of CGU Insurance Limited v Blakeley & Ors (2016) HCA2 details the circumstances in which a Liquidator as a  third party claimant can directly pursue the insurers of insolvent defendants. In these proceedings, the Liquidators applied to the Court to join CGU as a Defendant and to amend … Continued

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Liquidator’s additional remuneration approved by Court

The New South Wales Supreme Court provides directions under Section 511 of the Corporations Act for increasing a Liquidator’s previously approved remuneration. A recent Case of Westnet WA Infrastructure Holdings Limited(2015) deals with an unusual situation where a Liquidator in a Members’ Voluntary Liquidation involving ten related companies applies for directions under Section 511 of … Continued

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Insolvency Law Reform Bill 2014-Exposure Draft

It is noted that an essential element of Australia’s economic health is an efficient Insolvency System. Even though Australia has a “World Standard” Insolvency System, a number of recent reviews have highlighted areas where reform is essential. The release of the Draft Reform is to strengthen and update Australia’s Personal Bankruptcy and Corporate Insolvency Administrations. … Continued

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Vexatious Litigation process

Vexatious Litigants are those in the community who use the civil court system to pursue petty issues and intimidate others, often out of nothing more than vindictiveness, at great expense to society and at little advantage to themselves beyond a feeling of “pay back” at someone. The Vexatious Proceedings Act 2008 (“the Act”) significantly extends … Continued

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