ArticleInsights into interesting insolvency cases with Emily Barrett, Partner at Johnson Winter SlatteryIn the latest episode of The Cut, Simon Cathro and Emily Barrett discuss challenges and opportunities in insolvency.AustraliaInsolvency/Bankruptcy/Re-StructuringCathro & Partners
ArticleCommercial Tenancies (COVID-19 Response) Act 2020 (WA)On 24 April 2020, the Western Australian Parliament passed the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (the Act).AustraliaReal Estate and ConstructionJohnson Winter & Slattery
ArticleTax Implications For R&D Activities Subsidised By JobKeeper PaymentsEarlier this week the ATO released draft TD 2020/D1 Income tax: notional deductions for R&D activities subsidised by JobKeeper payments to clarify its view on how section 355-405...AustraliaTaxJohnson Winter & Slattery
ArticleLessors' Priority Preserved: Implications For Post-Appointment Trading And DOCAsIn its recent judgment involving the PAS Group of companies, the Federal Court held that rent payable by the PAS Group during an extension of the period in which an administrator...AustraliaFinance and BankingJohnson Winter & Slattery
ArticleThe High Court, Privilege And Paradise: The ATO And Accessing Corporate Confidential InformationLast week, in Glencore v Commissioner of Taxation [2019] HCA 26 the High Court of Australia unanimously affirmed the status of Legal Professional Privilege as merely an immunity from the exercise of compulsory statutory powers.AustraliaLitigation, Mediation & ArbitrationJohnson Winter & Slattery
ArticleGunns Liquidators Prevail On Peak Indebtedness, Set-Off And The Court's DiscretionThis week, the Federal Court published judgments in three unfair preference claims brought by the liquidators of the Gunns Group. We acted for the liquidators in each proceeding.AustraliaLitigation, Mediation & ArbitrationJohnson Winter & Slattery
ArticleMuch Talk, Now Action: Defamation Law Reform Is HereNew South Wales Parliament has today passed the Defamation Amendment Bill 2020. This makes NSW, which has been described as "Australia's defamation capital"...AustraliaLitigation, Mediation & ArbitrationJohnson Winter & Slattery
ArticleAre Fingerprints Employee Records? Biometric Data In The WorkplaceIn an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification, absenteeism, and workplace surveillance.AustraliaEmployment and HRJohnson Winter & Slattery
ArticleRestructuring Reforms – Will The Proposed Two Tier System Avert The Zombie Apocalypse?The Treasurer has announced major proposed reforms to Australia's insolvency framework aimed at facilitating the restructuring of small to medium businesses (MSMEs) and streamlining their ...AustraliaInsolvency/Bankruptcy/Re-StructuringJohnson Winter & Slattery
ArticleAAT Finding Reaffirms Documentation Is Essential For R&DThe Administrative Appeals Tribunal's recent decision in Royal Wins Pty Ltd and Innovation and Science Australia AATA 4320 reinforces that it is important taxpayers appropriately document a hypothesis prior to commencing research and development activities.AustraliaTaxJohnson Winter & Slattery
ArticleIndustrial Manslaughter Introduced In Queensland Resource SectorAmendments to safely legislation in the Queensland resource sector introduce the new criminal offence of industrial manslaughter.AustraliaEmployment and HRJohnson Winter & Slattery
ArticleQueensland Government Introduces Further Mine Rehabilitation ReformsRecent amendments to the Environmental Protection Act 1994 (Qld) (EP Act) further reform the mine rehabilitation regime in Queensland.AustraliaEnvironmentJohnson Winter & Slattery
Article"Just And Equitable" Winding Up: A Viable Cure For Creditor Distress And Shareholder OppressionThe Supreme Court of Victoria's recent decision in Pacific Dairies Limited v Orican Pty Ltd[1] illustrates judicial unwillingness to interfere in shareholder disputesAustraliaCorporate/Commercial LawJohnson Winter & Slattery
ArticleA Tip For Liquidators Of Insolvent Corporate Trustees: Appoint A ReceiverHow should the liquidator of an insolvent trustee company ensure payment out of trust assets of the entirety of his or her remuneration and expenses? AustraliaInsolvency/Bankruptcy/Re-StructuringJohnson Winter & Slattery
ArticleDon’t Dilute The Value Of Your Trade MarkIn this Intellectual Property Update we consider whether minor amendments and changes might be diluting the value of your company's trade mark in the long term.AustraliaIntellectual PropertyJohnson Winter & Slattery
ArticleCommercial Leasing - South Australia's Response To COVID-19On 9 April 2020, the COVID-19 Emergency Response Act 2020 (the Act) was introduced. Among other things, the Act modified South Australian law in respect of commercial leases to assist lessees suffering financial hardship.AustraliaReal Estate and ConstructionJohnson Winter & Slattery
ArticleHow Australian Consumer Law Applies To Call Centres And Complaints DivisionsOn 5 June 2020, the Federal Court in ACCC v Sony Interactive Entertainment Network Europe Limited (Sony) [2020] FCA 787 ordered Sony to pay $3.5 million in pecuniary penalties because,...AustraliaConsumer ProtectionJohnson Winter & Slattery
ArticleSteering Through Uncertain Seas: Creditor Solutions To Navigating COVID-19Times are changing rapidly with the current flow of Coronavirus measures introduced to support businesses in debt and distress. We take a look at what creditors can (and can't) do to help better protect their position.AustraliaCoronavirus (COVID-19)Johnson Winter & Slattery
ArticleNew Change-Of-Control Rules For Queensland Resource TenementsThe Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (MEROLA) will introduce new rules applying to the transfer of resource tenements and the change of control...AustraliaEnergy and Natural ResourcesJohnson Winter & Slattery
ArticleHow Long Is A Piece Of String? The Mining Exception Under The NSW SOPA ExplainedWhilst section 5(1) of Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) goes to some lengths to give guidance as to what would be "construction work".AustraliaReal Estate and ConstructionJohnson Winter & Slattery