18 May 2020

Yes, your debt can be negotiable

Many reports from around the globe are that many countries are sliding toward recession- and with that many lenders, both large and small are starting to feel the pinch of credit risk. Credit risk is the risk of default on a debt or loan that arises when a borrower fails to make repayments. For lenders, […]

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31 March 2020

Clarity on the definition of ‘officer’ of a corporation

Australian Securities and Investments Commission v King & Anor [2020] HCA 4 Earlier this week, the High Court unanimously allowed an appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland concerning the construction of the word “officer” as defined in s 9 of the Corporations Act 2001 (Cth) (‘Act’). […]

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23 March 2020

Covid-19, legislational changes, creditors – what you need to know

The impact of the Coronavirus and the health measures in place to limit its spread, in particular social distancing, is giving rise to unprecedented issues for businesses, and forcing many to the wall. Companies and sole traders are faced with a need to make very quick business decisions in the context of very uncertain trading […]

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4 March 2020

Coronavirus and your contracts – what you need to know

The spread of the Novel Coronavirus, also known as 2019-nCoV, Wuhan Coronavirus and most recently COVID-19 was first reported from Wuhan, China on 31 December 2019 and has led to parts of China being quarantined. A significant consequence of this lockdown is the inability of many businesses who trade with China to buy and sell […]

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3 March 2020

Defamed by bogus Google business review – and the $750k damages bill

In Cheng v Lok [2020] SASC 14, the Supreme Court of South Australia awarded a lawyer $750,000 in damages against a woman who gave his firm a poor review on Google. Cheng is an Australian lawyer. A significant proportion of his clients are members of the Chinese community, both domestically and abroad. Cheng’s client base […]

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7 August 2019

When social media comments cost you your job

A public servant whose anonymous tweets criticised the Government’s asylum seeker policy has lost a High Court challenge over her sacking. Michaela Banerji was sacked from her role for breaching the Australian Public Service Guidelines, after an internal investigation linked her to Twitter profile LaLegale. The LeLegale profile had frequently posted opinions critical of the […]

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11 July 2019

A broadening of liability for defamatory social media posts? Moderators, page owners and trolls beware …

Since my last defamation article regarding a Facebook user being held liable for defamatory responsive comments made on his Facebook post to the tune of $100,000.00, several new cases regarding social media posts and liability for defamation have been delivered. Voller v Nationwide News Pty Ltd [2019] NSWSC 766 Former Northern Territory youth detainee Dylan […]

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30 May 2019

Dora the Explorer, Tiny Teddies and Wagon Wheels – deduction claims landing a tax agent in hot water

As the end of the financial year draws near, we thought it appropriate to share this article. When completing your tax return, you’re entitled to claim deductions for some expenses, most of which are directly related to earning your income. Unfortunately for one Woolongong tax agent, his run of ‘interesting’ deduction claims on behalf of […]

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1 November 2018

When someone else’s property becomes your own – the laws around adverse possession

“A Sydney property developer has won the ownership rights to a home in the inner west after finding it empty and renting it out for two decades” … an extreme situation indeed here in this article today. The more common situation is where boundary fences are incorrectly placed and the error is not picked up […]

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12 September 2018

Ipso what? Shakeups now in place for business law

As of 1 July 2018, new law came into force which renders almost all ipso facto clauses in contracts entered into on or after 1 July 2018 unenforceable.  This is likely to have big consequences for how we all do business. Coupled with the safe harbour reforms enacted in September 2017 which provide directors of […]

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