Irrevocable and Continuing Guarantees v the Bankruptcy Act

All debts and liabilities, present and future, certain or contingent, to which a bankrupt was subject at the date of the bankruptcy, or to which he or she may become subject before his or her discharge by reason of an obligation incurred before the date of the bankruptcy, are provable in his or her bankruptcy; s 82(1) of the Bankruptcy Act 1966 (Cth)...

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Date posted: 2019-06-26 | Comments(0)

Statutory Demands – Small Mistakes Cause Big Problems

Recent GPA Law Success We recently acted for a client in the Victorian Supreme Court where we successfully defended a winding up application filed by a major mid-tier law firm; Mills Oakley v Asset HQ Australia Pty Ltd [2019] VSC 98. The link to the case can be found here:...

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Date posted: 2019-06-11 | Comments(0)

Unfair Contract Terms – Are Your Contracts Enforceable?

Recent regulatory, political and media attention on unfair contract terms and their particular prevalence in contracts with small businesses has resulted in proposed legislative changes. Furthermore, due to this attention, increased guidance has been provided as to what types of clauses in contracts may be unfair....

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Date posted: 2019-05-13 | Comments(0)

Supplying Services or Goods and Services to Consumers? You Must Read This! New Mandatory Requirements for Warranties against Service Defects

New requirements Recent amendments to the Competition and Consumer Regulations 2010(Cth)now require businesses to include the prescribed form and content of warranty when providing a warranty against defects for the supply of services. This includes circumstances where goods and services are provided in unison. T...

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Date posted: 2019-03-04 | Comments(0)

Reverse Onus of Proof is on Employers Who Do Not Keep Proper Books and Records

In the first use of laws enacted to close a ‘loophole’ in employee underpayment cases, the Fair Work Ombudsman (“FWO”) commenced proceedings against A & K Property Services Pty Ltd (“A & K”) and three of its directors; alleging breaches of the Fair Work Act 2009 (Cth) (“the A...

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Date posted: 2019-02-13 | Comments(0)

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