Headlines from the Australian Restructuring Insolvency & Turnaround Association (ARITA) NSW/ACT divisional conference

This year’s conference was full of interesting hot topics. Here are a few of the highlights and our take on the comments made by the regulatory bodies. Part X Mark Findlay (Director in Regulation & Enforcement, AFSA) commented that the changes to the definition of a special resolution under the proposed Insol...

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Date posted: 2016-11-16 | Comments(0)


Changes to the Law on Unfair Contract Terms will come into effect from 12 November 2016

Between 1 January 2011 and 31 December 2014 the Australian Competition and Consumer Commission ("ACCC") was contacted by 1,375 small businesses to complain about unfair contracts. From 12 November 2016 small businesses will benefit from changes to the current laws governing unfair contract terms as a result of the T...

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Date posted: 2016-10-24 | Comments(0)


Dangerous appointments - why section 436A resolutions should not be passed in Kings Cross Hotels

In the matter of Condor Blanco Mines Ltd [2016] NSWSC 1196 (30 August 2016) ("Condor Blanco Mines") In the recent matter of Condor Blanco Mines, the New South Wales Supreme Court considered an application by Condor to declare void the appointment of its Administrator. The Judgment refers to some peculiar...

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Date posted: 2016-10-06 | Comments(0)


Directors and advisers can be sued for a company’s wrongdoing - Fair Work and third-party liability

In a first of its kind, the Fair Work Ombudsman has commenced proceedings against an accounting firm for their involvement in contraventions of workplace laws committed by their client (Fair Work Ombudsman v Blue Impression Pty Ltd & Ors MLG2721/2015) ("Blue Impression"). Blue Impression is a...

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Date posted: 2016-09-23 | Comments(0)


Accounting firm sued for its client’s wrongdoing - Fair Work and third-party liability

In a first of its kind, the Fair Work Ombudsman has commenced proceedings against an accounting firm for its involvement in contraventions of workplace laws committed by its client (Fair Work Ombudsman v Blue Impression Pty Ltd & Ors MLG2721/2015) ("Blue Impression"). The client of the accounting firm (Ezy Account...

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Date posted: 2016-09-23 | Comments(0)


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