Sladen Legal

Illegal Phoenix Activity: Re Intellicoms (in liq)

Illegal Phoenix Activity: Re Intellicoms (in liq)

Why so serious? Requirement of serious harm in defamation

Why so serious? Requirement of serious harm in defamation

Purpose over prescription? The Supreme Court’s interpretation of the Rental Leases Act in Krajcar v Eastern Central Real Estate

Purpose over prescription? The Supreme Court’s interpretation of the Rental Leases Act in Krajcar v Eastern Central Real Estate

Recovery of costs by franchisors: Dymocks v Chapter Three

Recovery of costs by franchisors: Dymocks v Chapter Three

Commencement of proceedings against a company in administration and preservation of Bitcoin assets: Chen v Blockchain; Abel & Ors v Blockchain [2022] VSC 92 – 93

Commencement of proceedings against a company in administration and preservation of Bitcoin assets: Chen v Blockchain; Abel & Ors v Blockchain [2022] VSC 92 – 93

Shedding some light on shadow directors: when is an individual considered a shadow director?

Shedding some light on shadow directors: when is an individual considered a shadow director?

The Importance of Accuracy: Watt v Shepherd (No 3) [2021] FCA 1670

The Importance of Accuracy: Watt v Shepherd (No 3) [2021] FCA 1670

Getting Paid as an Administrator of an Insolvent Company: ASIC v Marco (No. 9)

Getting Paid as an Administrator of an Insolvent Company: ASIC v Marco (No. 9)

No Love for Companies: Forgiving a Debt: New ATO Taxation Determination TD 2022/1

No Love for Companies: Forgiving a Debt: New ATO Taxation Determination TD 2022/1

Public examination of directors allowed for investigating whether there are grounds to commence a class action: Walton v Arrium Ltd (in liq)

Public examination of directors allowed for investigating whether there are grounds to commence a class action: Walton v Arrium Ltd (in liq)

Refused the right to refund and replacement: Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493

Refused the right to refund and replacement: Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493

Competing over trademarked firm names: Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369

Competing over trademarked firm names: Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369

Evicting a tenant where non-payment of rent for COVID-19 reason: Reversal of VCAT decision

Evicting a tenant where non-payment of rent for COVID-19 reason: Reversal of VCAT decision

Class action proceedings within the franchising context: Davaria Pty Ltd v 7-Eleven Stores Pty Ltd case study

Class action proceedings within the franchising context: Davaria Pty Ltd v 7-Eleven Stores Pty Ltd case study

FEELING INSECURE? NAVIGATING THE SECURITY FOR COSTS PROCESS

FEELING INSECURE? NAVIGATING THE SECURITY FOR COSTS PROCESS

GOLDUS PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) V CUMMINS (NO 4) [2021] FCA 1095

GOLDUS PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) V CUMMINS (NO 4) [2021] FCA 1095

KNOWING WHEN TO SETTLE: RE 22 PARK STREET PTY LTD NO 2 [2021] VSC 588

KNOWING WHEN TO SETTLE: RE 22 PARK STREET PTY LTD NO 2 [2021] VSC 588

The practical effect of the rules on evicting tenants during COVID-19: RFY v ACV (Residential Tenancies)

The practical effect of the rules on evicting tenants during COVID-19: RFY v ACV (Residential Tenancies)

Overcoming the hurdles to bring proceedings on behalf of owners corporations: Sciuto v TNSKBMC Pty Ltd [2021] VCAT 862

Overcoming the hurdles to bring proceedings on behalf of owners corporations: Sciuto v TNSKBMC Pty Ltd [2021] VCAT 862

AMBIGUOUS AND VAGUE CONTRACT TERMS? DETERMINING PARTIES TO A CONTRACT: BI V WU [2021] VSC 447

AMBIGUOUS AND VAGUE CONTRACT TERMS? DETERMINING PARTIES TO A CONTRACT: BI V WU [2021] VSC 447

REVERSAL OF DECISION IN COMMISSIONER OF TAXATION V BOSANAC – OVER TURNING THE PRESUMPTION OF ADVANCEMENT?

REVERSAL OF DECISION IN COMMISSIONER OF TAXATION V BOSANAC – OVER TURNING THE PRESUMPTION OF ADVANCEMENT?

Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?

Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?

Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?

Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?

Can a boxer pup (or pets generally) be defective?: Blanchard v McDowall

Can a boxer pup (or pets generally) be defective?: Blanchard v McDowall

Defective bankruptcy notices – a lifeline: Grant v Green & Associates Pty Ltd

Defective bankruptcy notices – a lifeline: Grant v Green & Associates Pty Ltd

Demonstrating that the administrators are wrong to reject a proof of debt: a tough ask!

Demonstrating that the administrators are wrong to reject a proof of debt: a tough ask!

Selling a Business to Franchise: What went wrong in Watt v Shepherd?

Selling a Business to Franchise: What went wrong in Watt v Shepherd?

Interlocutory injunctions and ADR in VCAT: Link and Connect Pty Ltd v Seng

Interlocutory injunctions and ADR in VCAT: Link and Connect Pty Ltd v Seng

Why there is an argument that Court proceedings should be the last resort in resolving disputes: AMCOR Limited v Barnes

Why there is an argument that Court proceedings should be the last resort in resolving disputes: AMCOR Limited v Barnes

Ironically Unclean: Ali v Australian Competition and Consumer Commission [2021] FCAFC 109

Ironically Unclean: Ali v Australian Competition and Consumer Commission [2021] FCAFC 109

Commissioner of Taxation v Bosanac (No.7) – [2021] FCA 249, Presumption of advancement applicable to matrimonial home? Rebutted? – Does Cummins (2006) 227 CLR 278 qualify presumption?

Commissioner of Taxation v Bosanac (No.7) – [2021] FCA 249, Presumption of advancement applicable to matrimonial home? Rebutted? – Does Cummins (2006) 227 CLR 278 qualify presumption?

Commissioner of Taxation v Lane [2020] FCAFC 184 – Application of priority regime (ss108 and 109 Bankruptcy Act) to distribution of sale of assets of trust – payments to trust creditors – preference r

Commissioner of Taxation v Lane [2020] FCAFC 184 – Application of priority regime (ss108 and 109 Bankruptcy Act) to distribution of sale of assets of trust – payments to trust creditors – preference recovery proceeds non-trust assets?

The recent decision of Barre v Barre [2021] FamCA 101 explores the complicating effect bankruptcy may on Family Court proceedings in the context of enforcing a Binding Financial Agreement

The recent decision of Barre v Barre [2021] FamCA 101 explores the complicating effect bankruptcy may on Family Court proceedings in the context of enforcing a Binding Financial Agreement

Evidence vs Inference: Analysis of Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419

Evidence vs Inference: Analysis of Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419

AN OFFER YOU CAN’T (OR PROBABLY SHOULDN’T) REFUSE: KNOWING THE DIFFERENCES BETWEEN OFFERS OF COMPROMISE AND CALDERBANK OFFERS

AN OFFER YOU CAN’T (OR PROBABLY SHOULDN’T) REFUSE: KNOWING THE DIFFERENCES BETWEEN OFFERS OF COMPROMISE AND CALDERBANK OFFERS

Refunds rising from the ashes: illegal phoenix activities provide basis for discretion to retain tax refunds (ATO Practice Statement 2021/2)

Refunds rising from the ashes: illegal phoenix activities provide basis for discretion to retain tax refunds (ATO Practice Statement 2021/2)

Megasave Couriers to pay $1.9m, its director to pay $200,000 to franchisees for Misleading and Deceptive Conduct

Megasave Couriers to pay $1.9m, its director to pay $200,000 to franchisees for Misleading and Deceptive Conduct

No vaccine against natural justice: Gautham v Panwar [2021] VSC 157

No vaccine against natural justice: Gautham v Panwar [2021] VSC 157

What a relief! VCAT takes a broad view of COVID-19 rent relief requirements: R & D Health Clubs v Lin Wang

What a relief! VCAT takes a broad view of COVID-19 rent relief requirements: R & D Health Clubs v Lin Wang

Case Note: LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd

Case Note: LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd

To appear or not to appear – the costly exercise of default in insolvency proceedings

To appear or not to appear – the costly exercise of default in insolvency proceedings

When is an agreement a franchise agreement? – Freedom Foods Pty Ltd v Blue Diamond Growers

When is an agreement a franchise agreement? – Freedom Foods Pty Ltd v Blue Diamond Growers

Which Owners Corporation Fees are Enforceable: VCAT Lessons

Which Owners Corporation Fees are Enforceable: VCAT Lessons

Getting paid for work done (Quantum Meruit): the importance of expert evidence

Getting paid for work done (Quantum Meruit): the importance of expert evidence

ASSIGNMENT OF WARRANTIES: YOU CAN’T HAVE YOUR CAKE AND EAT IT TOO

ASSIGNMENT OF WARRANTIES: YOU CAN’T HAVE YOUR CAKE AND EAT IT TOO

No Representations as to Capacity Implied into Contractual Terms

No Representations as to Capacity Implied into Contractual Terms

DISCUSSION PAPER FLAGS ISSUES IN INSOLVENCY SECTOR

DISCUSSION PAPER FLAGS ISSUES IN INSOLVENCY SECTOR

CAN A COMPANY PROVIDE FINANCIAL ASSISTANCE TO A PERSON TO ACQUIRE SHARES IN THE COMPANY?

CAN A COMPANY PROVIDE FINANCIAL ASSISTANCE TO A PERSON TO ACQUIRE SHARES IN THE COMPANY?

INITIATING PROCEEDINGS IN THE NAME OF A COMPANY: LESSONS FROM JUNIOR ACADEMY

INITIATING PROCEEDINGS IN THE NAME OF A COMPANY: LESSONS FROM JUNIOR ACADEMY

THE OBLIGATION OF GOOD FAITH IN FRANCHISE AGREEMENTS: A LESSON IN CONSTRUCTING THE TERMS OF SALE

THE OBLIGATION OF GOOD FAITH IN FRANCHISE AGREEMENTS: A LESSON IN CONSTRUCTING THE TERMS OF SALE

WHAT TO DO WITH AN INSOLVENT CORPORATE TRUSTEE?

WHAT TO DO WITH AN INSOLVENT CORPORATE TRUSTEE?

APPLYING A WIDER RESTITUTIONARY BASIS TO EQUITABLE LIENS CREATED UNDER THE UNIVERSAL DISTRIBUTING PRINCIPLE

APPLYING A WIDER RESTITUTIONARY BASIS TO EQUITABLE LIENS CREATED UNDER THE UNIVERSAL DISTRIBUTING PRINCIPLE

TENANT AND LANDLORD DISPUTES: UNUSABLE PREMISES

TENANT AND LANDLORD DISPUTES: UNUSABLE PREMISES

LANDLORDS UNREASONABLY WITHHOLDING CONSENT TO SUB-LEASE: MASTERS HOME IMPROVEMENT V AVENTUS

LANDLORDS UNREASONABLY WITHHOLDING CONSENT TO SUB-LEASE: MASTERS HOME IMPROVEMENT V AVENTUS

Food For Thought: Misleading Conduct In The Franchise Space

Food For Thought: Misleading Conduct In The Franchise Space

Corporate Insolvency Regime Reform: The ‘Combatting Illegal Phoenixing’ Bill

Corporate Insolvency Regime Reform: The ‘Combatting Illegal Phoenixing’ Bill

To Bind Or Not To Bind: When Do Preliminary Land Sale “Agreements” Become Legally Binding?

To Bind Or Not To Bind: When Do Preliminary Land Sale “Agreements” Become Legally Binding?

Franchisee’s Allegations Not Proved: Jump Swim School’s Franchisor Did Not Mislead

Franchisee’s Allegations Not Proved: Jump Swim School’s Franchisor Did Not Mislead

Key Tax Changes In The Australian Budget

Key Tax Changes In The Australian Budget

When Tax Avoidance And Directors’ Duties Intersect: The Binetter Appeal

When Tax Avoidance And Directors’ Duties Intersect: The Binetter Appeal

The PAYG Penalty: Costly Implications for Directors

The PAYG Penalty: Costly Implications for Directors

Can you lose your option to purchase or your right to use assets of the franchise granted in a franchise agreement?

Can you lose your option to purchase or your right to use assets of the franchise granted in a franchise agreement?