Media

Archived publications
2008

Please contact Rigby Cooke Lawyers for more information about Publication items
T 03 9321 7888
E marketing@rigbycooke.com.au

You will need Acrobat Reader to read or print this PDF file.

Click here to download this free software.

16 Dec 08

Real Estate and The Law
By the Rigby Cooke Property Group

12 Dec 08

Friday Facts: Section 444DA of the Corporations Act 2001 gives employees significant power under a Deed of Company Arrangement
Mary Nemeth, Partner & Elizabeth Mukherji, Lawyer

The case of Fitzgerald, Re Advance Healthcare Group Ltd (Administrators Appointed) [2008] FCA 1604 is the first judgment delivered by a Court on the new section 444DA of the Corporations Act 2001 (Cth).

28 Nov 08

Friday Facts: Upcoming reforms to the Trade Practices Act to deter anti-competitive behaviour by corporations
Mary Nemeth, Partner & Karen Zeev , Lawyer

With rising concern about the cost of living by consumers, particularly in a time of global financial crisis, the Australian Government is now considering what the ACCC Chairman, Graeme Samuel has tagged as the ‘third wave’ of competition and consumer law reforms to the Trade Practices Act since the major reforms of the ‘70s and ‘90s.

14 Nov 08

Friday Facts: Court finds proxy forms collected by a third party invalid
Mary Nemeth, Partner & Toniel Paton, Lawyer

In the recent case of Portman Iron Ore Ltd; Re Golden West Resources Ltd [2008] FCA 1362, the Federal Court considered whether proxy forms collected by a third party intermediary were valid and capable of being used to vote at a general meeting.  

3 Nov 08

Retail Alert: Landlords' obligation to notify
Grant Levy, Partner & Bill Karvela, Partner

The recent Victorian Supreme Court decision (handed down on 13 October 2008) of Xiao v Perpetual Trustee Company Limited Anor [2008] VSC 412 has serious consequences for landlords of retail premises.

31 Oct 08

Friday Facts: Bell Group insolvent when security taken by banks
Mary Nemeth, Partner

On 29 October 2008, the Supreme Court of Western Australia handed down its decision in Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC 239.  The case (which had been underway since 1995) resulted in the Court finding that a syndicate of banks which refinanced the Bell Group’s debts (a Bond corporation subsidiary) did so when the company was “almost insolvent”.

20 Oct 08

Real Estate and The Law
By the Rigby Cooke Property Group

17 Oct 08

Friday Facts: Beware allotting shares for an improper purpose
Mary Nemeth, Partner

In the recent case of Life Therapeutics Limited v Bell IXL Investments Limited & Ors [2008] FCAFC 144, the Full Court of the Federal Court of Australia considered whether an allotment of shares was made for an improper purpose. 

10 Oct 08

Tax Update: Is there a tax aspect to that new file?
By the Rigby Cooke Tax and Superannuation Team

A recent VCAT case highlights the need for lawyers and accountants to consider all “angles” when advising a client on a transaction – unless they want to be successfully sued for negligence!  In Snopkowski v Jones [2008] VCAT 1943, the issue was if a conveyancing lawyer had an obligation to advise on CGT even though not directly asked to.  

3 Oct 08

Friday Facts: Genuine dispute of tax assessment not enough to set aside statutory demand
Mary Nemeth, Partner

On 3 September 2008, the High Court handed down its decision in favour of the Deputy Commissioner of Taxation v Broadbeach Properties, MA Howard Racing Pty Ltd and Neutral Bay  [2008] HCA 41.  It held that statutory demands which had been issued by the Deputy Commissioner, based on notices of assessment which were subject to dispute, could not be set aside despite the existence of proceedings objecting to the assessments.

1 Oct 08

Commercial Law Update: Privacy law overhaul - big changes on the way
Suzanne Harmer, Special Counsel

These are just four of 300 recommendations in the Australian Law Reform Commission’s extensive report into Australia’s privacy laws released in August 2008.

26 Sept 08

Superannuation Update
By the Rigby Cooke Tax and Superannuation Team

In this Update, we discuss a ruling and an AAT decision in relation to the superannuation guarantee, as well as changes to superannuation rates and thresholds that apply for the 2008-2009 year.

19 Sept 08

Friday Facts: Exercise caution in the race to be green
Mary Nemeth, Partner & Anja Schneider, Articled Clerk

With growing concern for the future of our planet, consumers are increasingly demanding a “green” marketplace.  In an effort to entice consumers and oust competitors, businesses are rapidly adopting “greener” practices and vigorously promoting their “green” credentials.  However, in the race to be “green”, businesses must be careful not to make inaccurate and unsubstantiated claims or will risk facing the full brunt of Australia’s consumer watchdog, the Australian Competition & Consumer Commission.

5 Sept 08

Friday Facts: Advice privilege explained
Mary Nemeth, Partner & Toniel Paton, Lawyer

Clients quite often seek legal advice from their lawyers which requires the need to obtain an expert opinion in order to provide the legal opinion required.  The common law principle of “advice privilege” usually applies to protect the confidentiality in the expert opinion which is obtained for that purpose.

1 Sept 08

Employment Law Update: Change to Equal Opportunity Act - Flexible work arrangements for workers with family responsibilities
Cassie Williams, Senior Associate and Ross Levin, Partner

The Equal Opportunity Act 1995 (Vic) was amended to include a provision regarding flexible work arrangements. These changes came into effect on 1 September 2008. While the changes essentially mean that an employer cannot reasonably refuse to accommodate an employee’s parent or carer responsibilities, it is not an automatic right of an employee to change their days or hours.

26 Aug 08

Customs and Trade Law Update: Copycats beware!
Ian Rosenfeld, Partner & Philip Sheezel, Consultant

Owners of design rights and other intellectual property rights have recently been encouraged by legal action taken by UK fashion label Ted Baker to protect its rights.

22 Aug 08

Friday Facts: Responding to statutory demands - step on it, fast!
|Mary Nemeth, Partner & Karen Zeev, Lawyer

The recent High Court case of Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd has confirmed the position that once the time for compliance with a statutory demand has expired, no application by the debtor can be made to extend that time.  The only remedy available to the debtor company is to defend itself by proving its solvency, which can not only be difficult but also costly.

8 Aug 08

Friday Facts: Public interest immunity protected
Mary Nemeth, Partner & Tracey Bischofberger, Associate

In the recent decision of Australian Securities and Investment Commission v P Dawson Nominees Pty Ltd, the Full Court of the Federal Court of Australia considered whether or not it should compel ASIC to produce documents which would ultimately disclose the identity of its informants.

31 July 08

Commercial Law Update: Financial assistance in an acquisition - add it to your checklist
Suzanne Harmer, Special Counsel

Frequently, parties to an acquisition overlook the Corporations Act requirements in Parts 2J.3 and 2J.4 when financial assistance is given by an entity in relation to an acquisition of shares in itself or its parent. This may involve compliance. If not considered in advance, the transaction may be delayed in proceeding to schedule or may involve additional procedures not initially contemplated by the parties. The relevant provisions are Sections 260A – 260E.

31 July 08

Real Estate and The Law: There are no shortcuts when developing contaminated land!
Jo Robinson, Senior Associate

A parent company’s historic operations involving the storage of potential contaminants in underground storage tanks could today be held financially liable for clean up costs incurred by the current day occupier of contaminated land.

25 July 08

Friday Facts: Did you know there are exceptions to bankruptcy?
Mary Nemeth, Partner & Michael Tuohey, Articled Clerk

Quite often clients are unaware that there are certain debts which will survive bankruptcy.  That is, a bankrupt will not automatically be released from all of their debts just because they have become bankrupt..

11 July 08

Employment Law Update: Unpaid work policy incurs big fine
Jessica Oakley, Lawyer and Ross Levin, Partner

In a recent Federal Magistrates Court hearing, Smith v A-Mart All Sports Pty Ltd [2008] FMCA 592, Federal Magistrate Burchardt ordered the sports retailer to pay $52,800 in penalties for not paying its employees while they set up and closed two of its stores before and after their shifts.

11 July 08

Friday Facts: Sellers beware
Mary Nemeth, Partner & Karen Zeev, Lawyer

The recent case of Australian Competition and Consumer Commission v Nudie Foods Australia Pty Ltd in the Federal Court of Australia has highlighted the importance of manufacturers of consumer products ensuring that they do not mislead or deceive consumers with representations made about their products.

27 June 08

Friday Facts: ASIC commences proceedings against 8 company directors and
their lawyer for Phoenix trading
Mary Nemeth, Partner & Tracey Bischofberger, Associate

In late May 2008, ASIC commenced civil proceedings in the Supreme Court of New South Wales against eight company directors and the companies' lawyer, Timothy Donald Somerville, over their involvement in alleged Phoenix trading.

June 08

Superannuation Update
By the Rigby Cooke Tax and Superannuation Team

In this Update, we look at the Instalment Warrant revolution and recent developments, including

13 June 08

Friday Facts: Do litigation funders receive priority in a winding up?
Mary Nemeth, Partner

In the recent case of Meadow Springs Fairway Resort Ltd (In Liquidation) v Balanced Securities Limited (No 2), the Federal Court considered whether a litigation funder should receive priority over claims made by secured creditors in a winding up.

30 May 08

Friday Facts: Court approves appointment of special purpose liquidator
Mary Nemeth, Partner & Toniel Paton, Lawyer

In the recent case of Lo v Nielsen & Moller (Autoglass) (NSW) Pty Ltd, the New South Wales Supreme Court considered with approval an application by a creditor for the appointment of two special purpose liquidators.

26 May 08

Litigation Update: Settlement of apportionable claims - Remaining contribution claims futile
Theo Kalyvas, Partner & Andrew Whitelaw, Partner

The recent decision by Justice Mandie in the case of Surrowee Pty Ltd v Hansen Yunken Pty Ltd; Godfrey Spowers (Victoria) Pty Ltd v Lincolne Scott Australia Pty Ltd & Ors [2008] VSC 90 in the Victorian Supreme Court upholds the legislature's intent to provide for the separate liability of each defendant before a court in an apportionable claim..

26 May 08

Employment Law Update: Duty of mutual trust and confidence
Cassie Williams, Senior Associate and Ross Levin, Partner

The recent case of McDonald v State of South Australia [2008] SASC 134 demonstrates that damages for past and future financial loss can be awarded to employees if employers breach the duty of mutual trust and confidence.

21 May 08

Building and Construction Update: Can litigation be faster and cheaper?
By the Rigby Cooke Building and Construction Team

16 May 08

Friday Facts; Secured creditors beware
Mary Nemeth, Partner

Quite often creditors who hold a fixed and floating charge consider that their interest is protected if a company goes into liquidation and that they will rank ahead of unsecured creditors.  The decision of Tolcher v National Australia Bank Ltd reminds us that is not the case.

7 Mar 08

Estate Planning Update: Testamentary Trusts
Robin Parsons, Accredited Wills & Estate Specialist and Special Counsel

What are they and should I have one too?

22 Feb 08

Friday Facts: Liquidators need to seek court approval for litigation funding
Mary Nemeth, Partner & Tracey Bischofberger, Associate

Recent developments in the case law dealing with litigation funding have further expanded on the principles which will be considered by the Court concerning the legitimacy of litigation funding.

Jan 08

Superannuation Update
By the Rigby Cooke Tax and Superannuation Team

There have always been various significant restrictions in relation to the investments that a superannuation fund may make.

Return to top arrow