Adjudicators appointed to adjudicate on payment claims under the Building Industry Fairness (Security of Payment) Act 2017 are subject to certain limitations and they are prohibited from considering certain matters in the decision-making process. The Supreme…
Supreme Court says it will not be bound by decision in Bosanac
We recently acted for a trustee in bankruptcy in proceedings before the Supreme Court of Queensland in a matter concerning the doctrine of the presumption of advancement. The principal matter in dispute was whether the presumption…
ATO Enforcement Action: Beginning of the End?
Over 18 months have passed since the COVID Pandemic caused a significant change in the enforcement policy within the ATO’s debt/tax recovery teams. While initially this policy was (at least in part) mandated by the Federal…
Licence Please?
Consumers seeking the services of debt management firms are often at their most vulnerable and experiencing significant financial hardship. Unfortunately, there is now substantial evidence from a range of industry stakeholders, including consumer advocates, industry ombudsman,…
Peak Indebtedness Rule abolished
The ‘peak indebtedness rule’ is no more (or at least, pending any appeal) following the recent decision of Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers…