Federal Court: Bankruptcy Notice Valid Despite Use of Pseudonyms

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 […]

FWC: Employee Reassignment Sufficient to Reduce Bullying

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 […]

Full Federal Court: ‘Casual’ Employee Entitled to Annual Leave Payments

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 […]

WASCA clarifies the law of set-off in insolvency

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 2009 does not preclude set-off in insolvency […]

ATO Commences Examinations to Identify Phoenix Activity

The Australia Taxation Office recently commenced public examinations in the Federal Court, in relation to a group of entities connected to pre-insolvency advisor Philip Whiteman. The examinations will review the suspected promotion and facilitation of phoenix activities and tax schemes. ATO Deputy Commissioner Will Day has revealed that the examination will investigate over 45 service […]

ASIC to revise RATA with launch of ROCAP

Next 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, […]

Postal Evidence Rule Extended to 7 Days

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 […]

Banking Royal Commission Reveals Culture of ‘Greed and Dishonesty’

On the 28th of September, Kenneth Hayne, Head of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, published an interim report following months of investigations. The report reflects on the first four rounds of public hearings, which considered consumer lending, financial advice and small to medium enterprise loans. Commissioner Hayne’s findings […]

Supreme Court of Queensland Issues Costs Guidelines

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 […]

High Court of Australia rules that ‘Holding DOCAs’ are permissible in certain circumstances

Mighty 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 […]