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Insolvency and Reconstruction

First meeting of creditors in an administration and its importance
The first meeting of creditors in an administration, although procedural, is still important. This was highlighted in the recent case of Bluechain Pty Ltd (No 2) [2021] VSC 260. Facts The Court ordered that provisional liquidators be appointed to the...
26 July, 2021
Superannuation

Disqualification of superannuation fund trustees – not as easy as the ATO thinks
As the regulator of self managed super funds, the ATO may disqualify people as trustees, or as directors of corporate trustees, of self managed superannuation funds in certain circumstances.  Broadly, those circumstances are where the person is considered not to...
20 July, 2021
Insolvency and Reconstruction

Extension of time for liquidator to bring proceedings due to COVID-19
In a recent Federal Court case[1] the Court had to consider whether a liquidator was entitled to an extension of time to bring proceedings pursuant to section 588FF(1) of the Corporations Act due to COVID-19. Facts  The liquidator had public...
19 July, 2021
Not for Profit

Madgwicks Lawyers Guide to Success for Not-for-profit Boards and Committees
Welcome to the Madgwicks Lawyers Guide to Success for Not-for-profit Boards and Committees. Congratulations – you are on the board or committee for a not-for-profit t(NFP) organisation. As a board or committee member on a NFP organisation you have a...
15 July, 2021
Dispute Resolution and Litigation
Property Services

How to negotiate property mediations and come out a winner!
Mediation is a process where a neutral third party called a mediator helps people in conflict negotiate a mutually acceptable agreement. The process assists both parties to understand the other party’s point of view and reach a compromise. During the...
14 July, 2021
Not for Profit

Not for profit case study – potential conflict of interest of a board member
You are the chair of the board of a not-for-profit organisation. You are told by an employee that a board member’s wife is a shareholder of a company which the not-for-profit organisation hired to provide training to its staff. The...
6 July, 2021
Not for Profit

Not-for-profits: How to take minutes of board or committee meetings
One of the important functions of a not-for-profit organisation’s board or committee meetings is to make informed decisions in the interest of the organisation. The following outlines the best practice of how to take board meeting minutes. Upfront administrative matters...
6 July, 2021
Not for Profit

Defamation: Did you know that not-for-profits can sue for defamation?
Not-for-profits (NFP) are in a particularly vulnerable position when it comes to online comments. Social media allows keyboard warriors to comment even when it undermines the good work of the NFP organisation. When those comments are defamatory, NFP are treated...
6 July, 2021
Not for Profit

Defamation Case Study: A case of a not-for-profit and defamation
A recent case in the Federal Court of Australia[1] demonstrates how a not-for-profit (NFP) organisation can get caught up in a social media defamation claim. The parties Zoe Support assists disadvantaged and welfare-dependant young mothers in Mildura, providing pathways to...
6 July, 2021