Does an employee owe a fiduciary duty for credit limit increases?

Employees owe certain fiduciary duties to their employers. Generally, this means an employee cannot do either of the following things: Make or pursue a personal gain in circumstances in which there is a real and substantial possibility of a conflict of interest arising between the personal interests of the employee and the interests of the […]

Employment Law and Covid-19

Due to the rapidly evolving situation involving the novel Covid-19 disease (Coronavirus) many workplaces and individuals are implementing and taking precautions to minimise the risk of infection. One such precaution is a period of self-isolation when an individual has come into contact with an infected person. Isolation may also be necessary when a partner or […]

COVID-19: Unprecedented Times, Desperate Measures

The coronavirus pandemic has caused governments across the world to take measures that impact the movement of people rarely, if ever, seen in peacetime before. Understandably, this has adversely affected businesses and created a host of employment law issues in every country. When the first case of coronavirus – or COVID-19 – was reported in […]

Corporate Law and COVID-19

Treasurer Josh Frydenburg has announced a series of potential temporary economic measures in response to the fluid COVID-19 situation. This temporary package has implications for bankruptcy, insolvency and corporate law. We have summarised the proposed measures below. Bankruptcy changes Increase in the minimum debt threshold for a creditor-initiated bankruptcy procedure from $5000 – $20,000; The […]

Tax agent deregistered after overlooking personal affairs

In the recent matter of Madz and Tax Practitioners Board [2019] AATA 4773, the Administrative Appeals Tribunal upheld a decision of the Board after it cancelled a tax agent’s registration for overlooking his personal affairs. Mr Stephen Madz was a tax practitioner, who in May 2019 had his registration terminated by the Tax Practitioners Board […]

Fugitive sentenced to 3 years jail for $200k tax fraud

A 56-year-old man has been sentenced to three years and three months in jail and ordered to pay over $150k in reparations after he fraudulently obtained and attempted to obtain more than $200,000 from the ATO. Peter Garven appeared before the Sydney District Court on 30 May 2019, which heard that between October 2002 and […]

Close but no cigar: taxpayer jailed after creating fake business to obtain $1.5M tax refund

A 39-year-old South Australian man has been sentenced to 2 years and 4 months imprisonment after he attempted to obtain almost $1.5 million in tax refunds. On 31 July 2019, Adam Hamshere appeared before the Adelaide District Court which heard that in January 2016, Mr Hamshere registered a fake business which purported to sell cigars. […]

Court rejects bankrupt’s international travel request

A recent decision of the Federal Circuit Court has refused a bankrupt’s application to travel overseas after the bankrupt demonstrated total disregard for the obligations arising under his bankruptcy status. On 28 November 2019, Sher Khan made an application under section 27 of the Bankruptcy Act seeking review of a decision by the trustee which […]