Are Queensland roads safer as from 1 February 2020? Probably not!

Under stricter penalties introduced from 1 February 2020, Queensland drivers caught illegally using a mobile phone while driving will receive a $1000 fine and 4 demerit points.  Keeping in mind that drivers on an open licence receive a sanction after accumulating 12 demerit points within a 3-year period and all other licence types after accumulating […]

Legal professional privilege doesn’t apply where privileged material obtained by unauthorised means

Legal professional privilege (LPP) is a fundamental aspect of the lawyer-client relationship. The purpose of the privilege is to protect the confidential character of communications or documents created when a client seeks legal advice. The scope of applicability has been well defined for some time, however a recent case before the High Court has provided […]

AFSA launches online lodgements

In an effort to simplify the process of applying for bankruptcy, the Australian Financial Security Authority have combined the Statement of Affairs and Debtor’s petition forms and moved the service online. Under the move, which commenced 2 January 2020, an individual seeking to apply for bankruptcy or needing to file their statement of affairs following […]

Director reprimanded for failing to comply with PAYGW obligations

In the matter of Deputy Commission of Taxation v Thomas Wilson [2018] NSWDC 302, the New South Wales District Court found against a company director for failing to comply with his duties. In doing so, Mahoney SC DCJ refused to mitigate on the basis of the director’s ‘difficult’ co-directors, asserting that there is no reprieve […]

Federal Court sets aside statutory demand in respect of unpaid legal costs issued during the period in which costs may be assessed  

The recent Federal Court of Australia decision of Rusca Bros Services Pty Ltd v Dlaw Pty Ltd, in the matter of Rusca Bros Services Pty Ltd (No 2) [2019] FCA 1865 serves as a timely reminder that a statutory demand may be at risk of being set aside when issued in circumstances where a statutory […]

When is a Release a release?

Deeds are a very common legal instrument that are used for almost infinite purposes. Deeds are a special kind of binding promise or commitment to do something made under seal.  Accordingly, deeds are seen as particularly solemn promises and may attract special legal consideration if breached. Commonly, deeds will be used when settling disputes or […]

High Court of Australia abolishes ‘Chorley Exception’

In 2018 we provided an update in respect of the matter of Pentelow v Bell Lawyers Pty Ltd [2018] NSWCA 150. In that decision, the New South Wales Court of Appeal held that the ‘Chorley exception’ applied to barristers as well as to solicitors. The Chorley exception is an exception to the well-established rule that […]

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 […]