NSWCA: Voluntary Administrator Lawful in Terminating Rabbi’s Employment

In a recent matter before the New South Wales Court of Appeal, the court was required to determine whether the Voluntary Administrator of the South Head Synagogue acted lawfully in terminating the employment of Chief Rabbi Benzion Milecki. In doing so, they were required to consider whether Orthodox Jewish Law (Halakah) could be incorporated into read more »

Court Awards Liquidators Unfair Preference Payments

In the matter of Trenfield v HAG Import Corporation (Australia) Pty Ltd the court was required to consider whether the liquidators of Lineville Pty Ltd were entitled to recover a number of payments as preferences pursuant to s588FA of the Corporations Act 2001 Cth. The payments in question were made by Lineville to HAG Import read more »

New Laws Introduce GST Withholding Obligations for Residential Property Purchasers

Next week the Treasury Laws Amendment Act (2018 Measures No.1) 2018 (Cth) will come into effect, imposing new GST withholding obligations on purchasers of certain residential real property. The new measures have been designed to prevent property developers from intentionally avoiding their GST obligations, after a spate of incidents in recent times. From July 1, read more »

De Facto Director Ordered to Compensate Unpaid Supplier Following Insolvent Trading

Tremco Pty Ltd ACN 000 024 064 v Thomson & Ors [2018] QDC 101 Case Facts The plaintiff (Tremco) was the principle supplier of waterproofing materials to a waterproofing business (Kadoe). The defendant (Thomson) was the wife of the formally appointed director of this business. In this proceeding, Tremco sought to recover compensation from the read more »

Federal Court: Gated Housing Renders Personal Service Impractical

In the recent case of bCode Pty Ltd (in liq) v Holford [2018] FCA 798 the court was required to consider whether an order for substituted service may be granted where multiple attempts to personally serve a notice have been unsuccessful. The case involved bCode, a mobile technology company, who had unsuccessfully attempted to serve documents on Troy Holford read more »

Federal Budget Introduces Anti-Phoenixing Measures

In the recent federal budget, the Government has vowed to combat illegal phoenix activity by reforming existing corporations and tax laws and granting the Australian Taxation Office additional power. Accordingly, the proposed changes are credited as complementing  the work of the Government’s Phoenix, Serious Financial Crime and Black Economy taskforces, with Federal Treasurer Scott Morrison asserting they read more »

England: Court Upholds Rock Solid Contract

Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 The Supreme Court has held that a clause in a contract, which required modifications to that contract be in writing and signed by both parties, invalidated a subsequent oral agreement to vary the contract. Specifically, the issue before the court was whether the read more »

Federal Government to Introduce Harsher Penalties for White-Collar Crime

In the wake of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Federal Government has announced it will crack down on penalties for corporate misconduct. In doing so, it has accepted the majority of recommendations made by the Senate Economics References Committee and the Australian Securities and Investments Commission read more »

Court Rules Against Setting-Off Unfair Preference Claim

In the recent case of Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 2) the Federal Court was required to determine whether a set-off was available to Melrose Cranes, pursuant to s 553C of the Corporations Act 2001 (Cth). Here, the liquidators of CPS submitted that read more »