ArticleFirst meeting of creditors in an administration and its importanceCreditors should be given the opportunity to remove and replace the administrators at the first meeting of creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleTime on the side of liquidators: Unfair preferences have become fair for preference paymentsAt times, additional transactions may be added to an existing unfair preference claim after the expiry of the time limit.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleUnpacking Unfair Preferences series: The good faith defenceWhen a liquidator brings a claim for an unfair preference against a company, the good faith defence may be available.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleWhat to do when your customer becomes insolventStrategies for minimising your exposure to risk when one of your customes becomes insolvent.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleLiquidator ordered to pay costs of appeal personally without recourse from the company in liquidationThe liquidators sought the guidance of the Court and then appealed it; therefore, took the appeal at their own risk.AustraliaLitigation, Mediation & ArbitrationMadgwicks
ArticleOnline Financial Services DisclosureASIC has recently released Consultation Paper No. 93 which proposes the use of email and the internet to provide financial services information required under Parts 7.6—7.9 of the Corporations Act 2001 (Act).AustraliaMedia, Telecoms, IT, EntertainmentMadgwicks
ArticleHave I just breached privacy laws? I did not use the BCC email function!Article reminds us to check, re-check and check again the intended recipients of an email containing personal information!AustraliaPrivacyMadgwicks
ArticleCourt awards damages for building works not completed in a reasonable timeThe Court determined an implied term of the contract required that building works be completed within a reasonable time.AustraliaReal Estate and ConstructionMadgwicks
ArticleDangers of Agistment: the need for a formal, written agreementA written agistment agreement between parties is a good start, as the owner is made aware of the results of non-payment.AustraliaReal Estate and ConstructionMadgwicks
ArticleHolding a tenant's goods for failing to pay rent an expensive mistake for landlordThe Victorian County Court recently held that a landlord cannot hold a tenant's goods until outstanding rent is paid.AustraliaReal Estate and ConstructionMadgwicks
ArticleWatch this space: changes to the Retail Leases Act (Vic) coming soonAmong other changes, landlords will be pleased to be able to recover costs of essential safety measures from tenants.AustraliaReal Estate and ConstructionMadgwicks
ArticleLegal risks can stymie BYOD policy adoption, says expertLegal risks around IP ownership and data security present major hurdles for organisations implementing a BYOD scheme.AustraliaEmployment and HRMadgwicks
ArticleAustralian Wind Energy: Which Way Will It Blow?The next 12 months will be of critical importance to the Australian wind energy industry. AustraliaEnergy and Natural ResourcesMadgwicks
ArticleUnpacking Unfair Preferences Series: Insolvency at the time of the paymentsChallenging a liquidator's assertion that the company was insolvent at the time of the payments in question is complex.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleFive intellectual property tips for start-up companiesHere are five tips to help your new business retain the commercial value of its IP, to continue to attract investors.AustraliaIntellectual PropertyMadgwicks
ArticleWind Energy Prospects In VictoriaVictoria is likely to be a major beneficiary of the new mandatory renewable energy target, according to an assessment of wind energy prospects by Australia's electricity generation industry.AustraliaEnergy and Natural ResourcesMadgwicks
ArticleDoes Your Business Have An Effective Retention Of Title Arrangement To The Goods It Supplies?Are you confident that you will be able to retake possession of your goods if a customer has a liquidator, receiver or administrator appointed to it?AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleCommon legal disputes between builders and developersTo minimise the risk of disputes, builders and developers should have clear contract terms and regular communication.AustraliaReal Estate and ConstructionMadgwicks
ArticleCoronavirus and the Law: Can employers stand down employees without pay in response to Coronavirus?Employers do have the statutory power to stand down staff without pay under section 524 of the Fair Work Act 2009.AustraliaCoronavirus (COVID-19)Madgwicks
ArticleHow to invest your time productively in your business whilst social distancingWhat you can do now to benefit your business after this pandemic is over eg. Review company terms & conditions, upskill.AustraliaCoronavirus (COVID-19)Madgwicks