A fundamental factor of bankruptcy is that the public are able to identify a bankrupt and that the relevant parties are able to identify each other. Typically, this would mean that all relevant documentation must clearly identify the relevant parties, however, a recent case in the Federal Court has deemed that the use of pseudonyms […]
In Mr Andrew Hamer [2018] FWC 6037, the Fair Work Commission (“the Commission”) found that the reassignment of an employee alleging work place bullying was an acceptable means of reducing the risk of the employee experiencing further bullying. The Applicant was employed by the Australian Taxation Office (“ATO”) in Perth. The Applicant alleged bullying against three […]
A recent decision in the Full Federal Court determined that a labour hire employee was entitled to annual leave payments. Typically, casual employees are not entitled to the same entitlements as a permanent employee and are instead paid casual loading. However, following this decision in WorkPac Pty Ltd v Skene [2010] FCAFC 131, simply paying casual loading […]
Practice Direction 22 of 2018 The Supreme Court of Queensland has for the first time issued guidance as to the appropriate percentage uplift to professional fees to be allowed pursuant to Item 1 of the Scale of Costs (the Scale) contained in Schedule 1 to the Uniform Civil Procedure Rules 1999 (UCPR). Background On 24 August 2018, the […]
Edward J Blakely, IR member from Australia is advising Italian regional and local governments on risks mitigation for floods, like the recent tidal surge in Venice and other cities and towns in middle Italy on similar issues including earthquake risk reduction and recovery. For further information on the tidal surge in Venice please click here […]
Artificial intelligence (AI) is entering the everyday lexicon as products as diverse as cars and fridges often now employ some form of AI to support their functions. In fact, there […]
Read moreNext month, ASIC is expected to launch it’s Report on Company Activities and Property (ROCAP) which will have the effect of revising the existing RATA form. It has been designed in response to law reform and industry consultation, and serves to enable insolvency practitioners to obtain better information about events leading up to an external administration, including information about asset […]
Last month, the Senate passed the Civil Law and Justice Legislation Amendment Bill 2018, which serves to improve the operation and clarity of civil justice legislation administered by the Attorney-General. Schedule 5 of the Bill introduces amendments to the Evidence Act 1995, by extending the postal evidence rule to accord with changes to Australia Post delivery […]
In the recent matter of Hammersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2018] WASCA 163 the Court of Appeal of the Supreme Court of Western Australia held that the attachment of a security interest under the Personal Property Securities Act 2009does not preclude set-off in insolvency pursuant to section 553C of […]
The concept of limited liability is one well known in the international corporate lexicon. Companies are organised to minimise their liability for the actions of related but legally separate entities, […]
Read moreMighty River International Limited v Hughes; Mighty River International Limited v Mineral Resources Limited [2018] HCA 38. Background Mesa Minerals Limited (Mesa) is a listed mining company which owned a 50% joint venture interest in two manganese projects[1]. It was placed into Voluntary Administration on 13 July 2016[2]. Voluntary Administrations are governed by Part 5.3A of […]
In the matter of Pentelow v Bell Lawyers Pty Ltd [2018] NSWCA 150, the New South Wales Court of Appeal was required to consider whether the ‘Chorley exception’ applies to barristers as well as to solicitors. The Chorley exception is an exception to the well-established rule that a self-represented litigant is not entitled to professional costs […]
