Insights 2018-11-08T15:45:56+00:00

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102, 2019

Distributions to Creditors by a Liquidator Justified, Despite Claims from Former Employees

February 1st, 2019|

February 2019 Distributions to Creditors by a Liquidator Justified, Despite Claims from Former Employees Key Takeaways  Distributions to the creditors of a company by a Liquidator can, in certain circumstances, be justified, even if there remain claims by former employees. A Liquidator ignoring claims of the former employees of a company with respect to [...]

2901, 2019

Search and Seizure of Company’s Property, Books and Records by a Liquidator

January 29th, 2019|

January 2019 Search and Seizure of Company's Property, Books and Records by a Liquidator Key Takeaways A persistent pattern of non-cooperation and evasion of a person who is in possession of the company’s property or books is sufficient to satisfy the requirements in s 530C of the Corporation Act 2001 (Cth) (Act) and for [...]

1910, 2018

More choice, tailored products and lower prices!  Impacts of Consumer Data Right legislation.

October 19th, 2018|

October 2018 More choice, tailored products and lower prices!  Impacts of Consumer Data Right legislation. Summary of key points The Consumer Data Right will apply to individuals, small to medium and large businesses. It is asserted that these rights will lead to more choice, tailored products and lower prices, amongst other things. If you [...]

509, 2018

Retail Leases – When can a landlord refuse consent to assign?

September 5th, 2018|

September 2018 Retail Leases – when can a landlord refuse consent to assign? The recent Victorian Consumer & Administrative Tribunal (VCAT) decision of AVC Operations Pty Limited v Teley Pty Limited [2018] VCAT 931 (Bush Inn Hotel Case) is a reminder highlighting the limitations on Landlord’s ability to refuse consent to an assignment of [...]

1608, 2018

ACCC enforcing small business unfair contract terms

August 16th, 2018|

August 2018 ACCC enforcing small business unfair contract terms A number of developments have come to light since our February update on new Australian Consumer Laws (ACL) with respect to unfair terms in business-to-business ‘standard form’ contracts (B2B contracts) (see here: http://www.teneolegal.com.au/small-business-unfair-contract-terms-one-year-on/). Early engagement with regulators In the Agri-business sector, AWB Harvest Finance Pools [...]

308, 2018

Contract term that restricts time for making claim under ACL, unenforceable

August 3rd, 2018|

August 2018 Contract term that restricts time for making claim under ACL, unenforceable Overview In a recent decision in the Victorian Supreme Court Justice Riordan, held that it is contrary to public policy to restrict the statutory remedy provided in s 236 of the Australian Consumer Law (ACL) by limiting the time in which [...]

2007, 2018

Government’s Act on Modern Slavery: How will it affect your business?

July 20th, 2018|

July 2018 Government’s Act on Modern Slavery The New South Wales Government, followed by the Federal Government, have created legislation to try and stamp out the endemic abuses of human rights throughout Australian industry, and encourage organisations to put remedies in place, improving labour standards at every length of business operations and supply chains. [...]

2803, 2018

Notifiable Data Breaches Scheme – One Month On

March 28th, 2018|

March 2018 Since our December brief (posted again below, for convenience), and since the Notifiable Data Breaches Scheme (NDBS) came into effect on 22 February 2018, there have been some relevant developments regarding personal information data breaches. Facebook Unless you have been hiding under a rock over this past week, you would have heard [...]

1603, 2018

Workplace Bullying – It’s NOT OK.

March 16th, 2018|

March 2018 "Speak, even if your voice shakes". Today marks the eighth National Day of Action against Bullying and Violence throughout Australia (https://bullyingnoway.gov.au/NationalDay).  Thousands of schools across the country will stand united today to celebrate and raise awareness, holding anti-bullying events including school activities and lesson plans to educate children and work towards wiping [...]

903, 2018

Your Business Credit Rating May Be Affected from Unpaid Taxes!

March 9th, 2018|

March 2018 Summary The Federal Government has released an exposure draft, the “Treasury Laws Amendment (Tax Transparency) Bill 2018”, which will allow taxation officers to disclose the tax debt information of business entities to credit reporting agencies. Under the proposed law, the tax debt information of an entity will be disclosed to credit reporting [...]

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