Phoenix company wound up following ‘fictitious joint venture’

In insolvency and restructuring there is a special emphasis placed upon behaviour known as “phoenix activity”.  Phoenix activity is where a new company is created to continue the business of an existing company. Typically, this will involve a company entering into a transaction with another related entity for the sale of its assets. This allows […]

JCL embarks on paper-lite journey

Thanks to NetDocuments we have begun our journey on the path to becoming a paper-lite office. Today we launched NetDocuments, a cloud-based document management system which integrates with our practice management system, BHL Insight. Today marks the end of paper files and the start of electronic files for all new matters. ND will assist us […]

Brisbane man cops jail time for $1.2M tax fraud

A 51-year-old Brisbane man has been sentenced to 7 years in prison and ordered to pay $1.2 million in reparations after he was convicted of fraudulently obtaining and attempting to obtain more than $1.2 million from the ATO. On 22 March 2019, Stephen Mungomery appeared in the Brisbane District Court which heard that between March […]

Progressive Reforms – Recent developments in Australian directors’ liability

Until recently, Australia had some of the strictest insolvent trading laws in the world. Those laws were designed to lift the corporate veil, so that those in control of a corporation could be held liable for debts incurred while the corporation is unable to pay its debts as and when they are due. Section 588G […]

UK case reignites debate on the correct extent of judicial intervention

A recent decision in the United Kingdom has shed light on the topical issue surrounding the proper extent of judicial intervention. The case of Serafin v Malkiewicz & Ors [2019] EWCA Civ 852 ensued after Mr Serafin appealed an earlier decision on a number of grounds, including that the trial judge had exercised unfair judicial […]

Expert determination – does ‘according to law’ mean free from legal error?

A common form of alternative dispute resolution is to have a dispute decided by an expert. The advantages of this method are that it is usually faster and less expensive than taking your dispute to court. Another advantage is you can appoint an expert with specialist knowledge of the industry that a judge may not […]

VSCA highlights the importance of distinguishing between debt and damages in debt recovery claims

In the matter of Yang v Finder Earth Pty Ltd [2019] VSCA 22, the Victorian Supreme Court of Appeal set aside a default judgement for recovery of an unpaid debt on the basis that the underlying claim was better characterised as one for damages. Ultimately, the case illustrates the importance of properly and clearly pleading […]

Perth accountant sentenced to 4 years imprisonment for $250k tax fraud

A Perth accountant has been sentenced to 4 years imprisonment for tax fraud after he was convicted of both obtaining and attempting to obtain over $250,000 from his clients and the ATO. On 21 February 2019, the Perth District Court heard that during his time as an accountant at Finkelstein Hickmott between May 2016 and […]