ArticleNew dividends test proposed for companiesThe Draft Bill proposes to replace the existing net assets test for the payment of dividends with a pure solvency test.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleAdhering to workplace policiesFailure to properly manage policies may pose risks for employers, such as discrimination, bullying and unfair dismissal.AustraliaEmployment and HRKemp Strang Lawyers
ArticleAdhering to workplace policies of drug and alcohol testingEmployers need to adhere to their own workplace policies and best practice when it comes to drug and alcohol testing.AustraliaEmployment and HRKemp Strang Lawyers
ArticleIndependent Contractors Act 2006 (Cth) Revisited – Informax International Pty Ltd v Clarius Group Limited [2012] FCAFC 165This decision adopted a technical process of statutory construction to enable retrospective orders under the IC Act.AustraliaEmployment and HRKemp Strang Lawyers
ArticleThe Never Ending Argument - Independent Contractor or EmployeeThere is no statutory definition of "employee" or "independent contractor", therefore Australian courts have used the common law test – that is, a test which goes through a series of indicia, to try to ascertain whether a particular relationship is one of employment or an independent contract for services.AustraliaEmployment and HRKemp Strang Lawyers
ArticleWork Health Safety Updates – Small to medium businesses most at riskFor small to medium businesses, work health and safety can be difficult, but it is a task which must be given priority.AustraliaEmployment and HRKemp Strang Lawyers
ArticleTwo's almost a company, three's a 'crowd': CAMAC'S recommendations on crowd sourced equity funding in AustraliaAnalysis of the Corporations and Markets Advisory Committee's report on crowd sourced equity funding in Australia.AustraliaFinance and BankingKemp Strang Lawyers
ArticleCourt Declines To Extend Convening Period of AdminnistrationThe Court ultimately held there would be real prejudice to the employees of the Group in prolonging the administration.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleHigh Court decision pending on the status of a liquidator’s lienThe appeal was by a liquidator seeking to claim an equitable lien on a fund, in priority to a secured creditor's charge.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleLiquidators to pursue related party creditor of Retail Adventures Pty LimitedA successful action by the liquidators could leave the new owner of the RAPL business with a substantial liability.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleApproval of litigation funding agreements ? What is the Court looking for?In a recent case, liquidators sought the Court's approval of a funding agreement in relation to four potential claims.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticleRetail leases changes: For better or worse?This Bill intends to give effect to recommendations to 'help level the playing field between tenants and landlords...'.AustraliaReal Estate and ConstructionKemp Strang Lawyers
ArticleCourt appoints receiver where no default has occurredA discussion of the decision of Rares J in the matter of Australian Executor Trustees Limited v Provident Capital Ltd.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleAdverse action and FWA: First High Court decisionThe decision provides certainty to employers in relation to the general protections provisions contained in the FW Act.AustraliaEmployment and HRKemp Strang Lawyers
ArticleBalanced approach needed when examining workplace bullying claimsComplaints of workplace bullying must be dealt with seriously to avoid not only breaches of industrial laws but WHS laws.AustraliaEmployment and HRKemp Strang Lawyers
ArticlePrice Signalling, Draft Credit Advertising Guidelines and MOU Between Clean Energy Regulator & ASICNew laws will apply to authorised deposit taking institutions within the meaning of the Banking Act.AustraliaFinance and BankingKemp Strang Lawyers
ArticleProposed changes to GST withholding on new residential premisesThe responsibility for paying GST on certain real estate transactions will shift from the developers to the purchasers.AustraliaReal Estate and ConstructionKemp Strang Lawyers
ArticlePPSA and agribusiness: What you should know about priorities and enforcementThe PPSA has provisions on priorities and enforcement which are particularly relevant to the products of agribusiness.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleImportant new employment and superannuation contribution rates from 1 July 2012The employment and superannuation contribution rates and thresholds apply from the start of the current financial year.AustraliaEmployment and HRKemp Strang Lawyers
ArticleGuidance for mortgagees on applications to stay evictionsA delay by the person bringing an application for a stay on the execution of a writ of possession may cause a dismissal.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers