August 21, 2018

Insolvency Law Reforms – Draft Legislation

The Federal Government has now released exposure draft legislation relating to its third tranche of insolvency law reforms; https://treasury.gov.au/consultation/c2018-t313204 The exposure draft legislation includes reforms concerning: Transfers […]
May 24, 2018

Ipso Facto Clauses and Creditors Rights Under Contracts New Laws Commence 1 July 2018

Background It is common for commercial contracts to contain “ipso facto” clauses (“IFCs”). IFCs are clauses in a contract which allow for certain rights (e.g. termination) […]
March 15, 2018

Time Limits: The Bankruptcy Act

When is a time limit under the Bankruptcy Act, not a limit? When can the Court use the power under s33 to extend time periods set […]
February 9, 2018

New Privacy Laws – Comply Now or Pay the Penalty

New mandatory data breach notification laws  As of 22 February 2018, all organisations with existing personal information security obligations under the Australian Privacy Act 1988 (Cth) (“Privacy […]
February 7, 2018

Validly appointed? Valid security interests? Timely reminder to always check the fine details

A recent decision by the Federal Court of Australia, Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] FCA 866 (“Knauf […]