DISPUTED DEBT – Company not saved from insolvency
The courts have found a company can be wound up for insolvency even though its debt is in dispute. In a recent case, a receiver and manager had been appointed by Westpoint over a company's assets, claiming a debt of over $6 million. The Australian Security and Investments Commission applied to wind up the company […]
Carbon Price Gouging – Prevention is better than cure
The government has announced that the ACCC, the Australian Competition and Consumer Commission, will be given responsibility to police how businesses pass on the carbon price and for ensuring they do not engage in price gouging by using the carbon price as an excuse to increase prices beyond its actual effect. The best way to […]
DIRECTORS' DUTIES – Approving financial statements a serious matter
A recent court decision against the directors of a major company demonstrates how demanding are a director's duties when approving financial statements. To meet those demands, boards may seek to change the way in which financial information is presented to directors and how they review it. Information overload is not an excuse for failing to […]
Astroturfing – Misleading advertising on social media
Astroturfing refers to an orchestrated expression of support for a cause, product, service or policy designed to give the impression of a grassroots movement. Under Australian law, if a business engages in this type of practice and misleads consumers, it breaches both the law and the advertising code of ethics. There have been a few […]
STRATA LAW – Court puts limit on insurer taking it to excess
The amount of the excess payable by an owners corporation when a claim is made on a home owner's warranty insurance policy in relation to common property building defects has now been determined by the courts in NSW. A recent court case establishes that when a claim is made by the owners corporation on the […]
Personal Information – Lessons from recent privacy violations
News of data security breaches at major organisations that reveal thousands of individuals' personal information is not uncommon these days. Privacy impact assessments can be an important method of lowering the risk. Inadequate security may be a breach of Australia's privacy laws, but the actions of customers and the media may create more havoc and […]
Handling a Tax Debt – Identifying technical issues is key
Unless you are a taxpayer who is self-assessing and subject to pay-as-you-go instalments, the general rule is that tax has to be paid within 21 days of receiving a notice of assessment. The tax office doesn't have to prove its assessments are correct. It is up to the taxpayer to prove one is wrong and […]
ROAD RULES – Heavy vehicle signage found to be outside the rules
The NSW Supreme Court has questioned the legality of heavy vehicle signage, which may render unsafe past convictions for contravention of these signs. Heavy vehicles are compelled by signage to enter heavy vehicle checking stations for assessment of their suitability to carry loads. In defending their prosecution for failing to comply, the lawyers for two […]
OH&S – When is it safe to dismiss employees?
A string of recent unfair dismissal cases has seen employees reinstated to their former positions following dismissal for breaches of safety regulations and practices. In recent occupational health and safety cases, the Fair Work Australia authority has considered various factors that lessen the severity of actions taken against employees. To avoid costly court cases, employers […]