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The Creditors’ Trust – What is it, When Should it Be Used and Why?

A creditors’ trust in the context of a Deed of Company Arrangement (DOCA) is a legal mechanism used to accelerate a company’s exit from external ...

Section 477(2B) of the Corporations Act 2001 (Cth): Requirements and Practical Implications for Liquidators

Liquidators are duty-bound to conduct liquidations efficiently and transparently in the best interests of creditors. In that context, long-term contracts ...

Three Lamborghinis and a Maserati – The Federal Court of Appeal Clarifies the Rules on Freezing Orders in Respect of Non-Parties and Trusts

A cursory review of the case law in insolvency in the last 50 years leads one to the conclusion that it is not particularly groundbreaking to hide or ...

Anti-Competitive Laws: Practical Implications for Businesses

The taxi industry is one of the most heavily regulated industries in the country. It is closely regulated by the Australian Competition and Consumer ...

Sailing in Safe(r) Waters: The Courts Clarify the Scope of Section 588GAAA of the Corporations Act 2001 (Cth)

The COVID-19 pandemic (and nation-wide lockdowns) brought with it an irregular, and unexpected, interruption to the ordinary cashflow of many businesses, ...

Don't Gas Me Up! Key Takeaways from United Petroleum Pty Ltd's Successful Misleading or Deceptive Conduct Claim Against Perth Airport Pty Ltd

In United Petroleum Pty Ltd v Perth Airport Pty Ltd (No 2) [2026] FCA 620, the Federal Court of Australia recently held that Perth Airport Pty Ltd (PAPL) ...

Restraint of Trade Clauses in Franchise Agreements: What NSW Franchisees Need to Know and Lessons from Narellan Franchise Pty Ltd v RBME Pty Ltd (No 2) [2022] NSWSC 1590

For many franchisees, some of the most important provisions to have regard to in a franchise agreement is any restraint clauses. These clauses commonly seek ...

Managing Underperformance and Avoiding Unfair Dismissal

Underperforming employees can have significant adverse impacts on performance and disrupt standard business practices. The effects of underperforming ...

After Hours, Under Fire: Navigating Disputes in the Age of the Right to Disconnect

It has been over a year since the Right to Disconnect was incorporated into the Fair Work Act 2009 (Cth) (Fair Work Act) as part of the “Closing Loopholes” ...

Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2025] HCA 50 – Misleading and Deceptive Conduct and Trade Mark Infringement

In 10 December 2025, the High Court of Australia handed down a decision in Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2025] HCA 50 ...