Insights

Defeating legal privilege to obtain access to documents created to frustrate creditors' claims

  • 16 Oct 2017

People who are targets of liquidators' and other claimants' investigations often attempt to hide behind the veil of legal professional privilege to avoid producing documents.However, the ve...

End of the Road for DADI

  • 12 Oct 2017

On 14 September 2017, the High Court of Australia refused the special leave application of Dial a Dump Industries Pty Ltd (DADI), who had been seeking approximately $200,000,000 in compensation in ...

Government moves forward on reforms to address corporate misuse of FEG Scheme

  • 06 Oct 2017

On 5 October 2017, the Australian Government announced that it would move forward with proposed reforms to address the concern that the Government's Fair Entitlement Guarantee Scheme is increas...

Why should you care, and what should you do, about PFAS contamination?

  • 03 Oct 2017

Per- and poli-fluoroalkyl substances, also known as "PFAS", are a group of manufactured chemicals that have been used in a variety of industries since the 1950s.PFAS have been found to be...

In Defence of Restructuring, Insolvency and Turnaround Professionals

  • 28 Sep 2017

Restructuring, insolvency and turnaround professionals play a fundamental role in the economy and deliver important outcomes for business. So why the bad press?Read our article published in the Sep...

Suppliers beware - ACCC launches first small business unfair contract terms case

  • 25 Sep 2017

The Australian Competition & Consumer Commission (ACCC) has instituted proceedings against Australia's largest privately-owned waste management company, JJ Richards & Sons Pty Ltd ...

UPDATE: Australian Restructuring and Insolvency Law Reform passes through the Federal Parliament

  • 21 Sep 2017

The 'safe harbour' reforms are now law.On 18 September 2017, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 received Royal Assent.The 'safe harbour' provisi...

Hannover Life Re v Jones - Interpretation of ETE clauses

  • 18 Sep 2017

The decision in Hannover Life Re of Australasia Ltd v Jones[1] adds a further challenge for life insurers in making decisions on Total and Permanent Disablement (TPD) claims by limiting the scope o...

Biodiversity Update

  • 11 Sep 2017

Developers, landowners and consent authorities will need to prepare themselves for the new Biodiversity Offsets Scheme which came into effect on 25 August 2017.The Biodiversity Offsets Scheme (the ...

Dual Insurance – What is it, Why do you care & How does it work?

  • 18 Aug 2017

Dual Insurance arises when the same risk is covered by two (or more) independent but overlapping insurance policies. The key question to ask is "if the insured were to be paid under both polic...

TPD Insurers have no duty to act as employment agents

  • 04 Aug 2017

The NSW Supreme Court has held in Dotlic v Hannover Life Re of Australasia Limited1 that in Total and Permanent Disablement ("TPD") claims it is not a life insurer's responsibility to...

Container Deposit Scheme: Now the hard work begins

  • 04 Aug 2017

On 29 July 2017, the Minister for the Environment, Gabrielle Upton announced Exchange for Change and TOMRA-Cleanaway had been appointed to run NSW's new Container Deposit Scheme (CDS).Under the...

Implied contract after the expiry of an express fixed term contract

  • 04 Aug 2017

IntroductionOn 31 May 2017, the appeal division of the Supreme Court of New South Wales (McColl, Macfarlan and Simpson JJA) handed down a unanimous decision in CSR Limited v Adecco (Australia) Pty ...