Client portal
Worried about solvency? What you can do now and how your options reduce over time
The COVID-19 global pandemic has without a doubt caused significant social and economic disruption, with many businesses struggling to maintain 'business as usual'. With the situation continuing to evolve, and with no clear end in sight, more and more companies are facing solvency issues.
Revisiting the new mandatory reporting obligations to ASIC
Almost twelve months have passed since the mandatory breach reporting amendments to the Corporations Act and National Consumer Credit Protection Act 2009 came into effect.
The expanding net of publication: Social media and third-party comment: Fairfax & Others v Voller
In a majority decision that will create consternation for media outlets and businesses operating social media pages, the High Court has dismissed appeals from the decision of the New South Wales Court of Appeal and confirmed that the media defendants were publishers of alleged defamatory third-party comments made on their public Facebook pages.
COVID-19: Temporary changes to insolvency laws
The COVID Act inserts section 588GAAA into the Corporations Act 2001 (the Act), 'Safe Harbour—Temporary Relief in response to the Coronavirus'.
When your tenant enters liquidation or receivership: Practical considerations for landlords
While voluntary administration is a restructuring tool designed to maximise the prospects of a company’s survival, liquidation and receivership represent fundamentally different processes, and they carry different consequences for landlords.
Australia introduces landmark privacy tort. What does it mean for you?
On 10 June 2025, a significant reform to Australian privacy law took effect with the introduction of a statutory tort of serious invasions of privacy under the Privacy Act 1988 (Cth). For the first time, individuals now have a direct cause of action for serious breaches of privacy, bringing Australian law closer into line with comparable jurisdictions such as New Zealand, Canada and the United Kingdom. The reform has important implications for organisations, individuals and the media, creating new avenues for litigation and heightened obligations in managing personal information.
Creating a defamation free zone: contractual exclusions to defamation upheld
In a decision hat offers significant learnings for any organisation operating an internal complaints resolution service, the District Court of NSW has concluded that by initiating a complaint to the Financial Ombudsman Service (FOS), homeowner Ms Imielska consented to FOS's investigation and consideration of her complaint and was therefore contractually prevented from bringing a claim for defamation against the respondent to the complaint, an employee of Westpac.
Lander & Rogers welcomes Helen Sims as Partner in Commercial Disputes
Leading national law firm Lander & Rogers has appointed Helen Sims as a Partner in its Commercial Disputes team, based in Sydney. Helen commenced with the firm on 8 September 2025.
Fairfax & Others v Voller: Liability for third-party Facebook posts revisited… but still not answered
Whether companies are liable for third-party posts on their Facebook page has become only marginally clearer following the much-anticipated decision of the New South Wales Court of Appeal in the Dylan Voller defamation case.
Tenant obtains injunction, preventing development
A decision of the Victorian Civil & Administrative Tribunal (VCAT) has highlighted the importance for landlords of ensuring that Demolition Notices are carefully drafted.
Defamatory google reviews: plastic surgeon awarded damages for untrue review
The Supreme Court of NSW ordered a disgruntled patient pay aggravated damages after she posted two negative Google reviews of her plastic surgeon. We outline the facts and discuss how health practitioners can mitigate the risks associated with negative online reviews.
"Casual" employees now get leave entitlements. What does this mean for insolvent trading?
A Full Court of the Federal Court recently held in Workpac Pty Ltd v Rossato [2020] FCAFC 84 that an employee who was employed as a casual is entitled to back pay for annual leave, personal/carer's leave, compassionate leave and public holidays because the characteristic of 'a firm advance commitment' to offer and accept work meant the employee was a permanent employee rather than a casual. The Court also found that the employer was not entitled to offset the back-pay against the 25% loading that the employee had been paid as a casual, whether by way of common law set-off principles, restitution or under regulation 2.03A of the Fair Work Regulations 2009 (Cth).
Legal Professional Privilege under Australian Law
Legal professional privilege can protect against disclosure of documents.
Psychologist reprimanded for developing friendship with former client
The NSW Health Care Complaints Commission (HCCC) has been successful in applying to the Civil and Administrative Tribunal (Tribunal) to find a psychologist guilty of unsatisfactory professional conduct in relation to commencing a friendship with a former client shortly after cessation of the clinical relationship. As a result, the psychologist was reprimanded and had mentoring conditions imposed on her registration.
Franchising: the launch of a Parliamentary Inquiry into Codes of Conduct
In the wake of disputes in the franchise sector during 2017 that significantly impacted on franchisors like 7-Eleven, Domino's Pizza, Caltex, and Retail Food Group, the Minister for Small and Family Business, Craig Laundy MP, and Nationals Senator, John Williams, met with franchisees from various franchise networks and representatives of the ACCC and the ASIC in early March 2018 to understand the experiences of franchisees in the sector. Following that meeting, Senator Williams brought a motion before the Senate to establish a Parliamentary Inquiry into the operation and effectiveness of the Franchising Code of Conduct (and also the Oil Code of Conduct). Lander & Rogers is in the process of preparing submissions to the Parliamentary Inquiry for groups of clients. Those submissions will be tailored to comply with the Inquiry's submission preferences.
High Court considers extra-territorial application of unfair contract terms under Australian Consumer Law
In the wake of the unfair contract terms regime changes in Australia, the High Court of Australia recently considered the application of the unfair contract terms regime to contracts created outside of Australia, and whether a class action waiver clause was an unfair contract term.
Lander & Rogers strengthens Brisbane disputes practice with appointment of Kelly Coulston
Lander & Rogers is pleased to announce the appointment of Kelly Coulston as a Partner in its Brisbane Commercial Disputes practice, effective 2 March 2026.
Sharpening the axe...
We've all now heard about the expected post-September 'tsunami of debt', an 'avalanche of insolvencies' and the 'fiscal cliff'. Will it or won't it occur?
The difficulty in proving causation in claims of psychiatric injury and demonstrating true earning capacity of plaintiffs
A recent New South Wales Court of Appeal decision demonstrates the difficulty in contesting the causation of a psychiatric injury when the issue is left to only the subjective opinion of medico-legal doctors engaged by either party. Further, the decision is also a useful reminder to defendants that they bear the onus to adduce evidence that there are realistic employment opportunities available to the plaintiff when the plaintiff demonstrated an impairment for work arising from their psychiatric injury. South Western Sydney Local Health District v Sorbello [2017] NSWCA 201
Protecting your position: security, guarantees and abandoned goods when a tenant becomes insolvent
There are three key issues that arise in any tenant insolvency scenario and are central to protecting a landlord’s commercial position. Addressing these issues proactively before an insolvency event occurs and responding promptly when one does can significantly improve a landlord’s position.
Federal Court of Appeal confirms that insurers are not liable for damage caused by spontaneous heating
Dalby Bio-Refinery Ltd (Dalby) was insured under an ISR Mark IV Policy issued by Allianz Australia Insurance Limited, Ace Insurance Limited (now Chubb Insurance) and Zurich Australian Insurance Limited (together, Insurers) for the period 30 June 2015 to 30 June 2016 (Policy) On 2 March 2016, an employee of Dalby attended a storage facility in Dalby, Queensland (Facility), and observed the smouldering of stockpiles of dry distiller's grain and solubles (DDGS) (Incident). As a result of the Incident, a large quantity of DDGS stored in the Facility were declared a write-off and discarded. Dalby sought indemnity under the Policy for its losses arising from the Incident (Claim).
How major is a "major change"? Federal Circuit Court clarifies when consultation obligations are triggered for employers
The Federal Circuit Court dismissed an application made by the Health Services Union against Healthscope Operations, which alleged that Healthscope had breached consultation obligations under its enterprise agreement when it closed an onsite laundry at a hospital, which involved 12 employees. Healthscope asserted that the closure of the laundry did not constitute a 'major change' in the context of its size and complexity, and that its consultation obligations were not triggered. In any event, Healthscope contended that it had consulted the employees. The Court agreed with Healthscope's position. This decision is particularly timely with many organisations currently considering workforce reorganisations, and it has significant consequences in terms of clarifying when workforce change consultation obligations are triggered for large and multifaceted employers.
The duty of formality: Maintaining etiquette with the court
The Federal Circuit and Family Court of Australia has provided guidance on legal practitioners' duty of formality insofar as it relates to corresponding by email with the court.
An Australian overview to Asset Tracing
Lander & Rogers recently contributed to the TerraLex Guide to Tracing Assets Around the World 2018. As individuals and companies continue to move assets away from countries in which they are subject to dispute, it is important that parties are able to trace assets across jurisdictions. This Guide draws together contributions from tracing experts across a number of countries. See below for the Australian chapter and click here to see the full guide.
Booktopia fined $6 million for misleading consumer guarantees
On 10 March 2023, the Federal Court ordered Australian online book retailer Booktopia to pay $6 million in penalties for making false or misleading representations on its website and in dealings with customers about consumer guarantees, in breach of the Australian Consumer Law.
ACCC takes a co-operative approach to interim authorisations in response to COVID-19 crisis
In response to the COVID-19 crisis, the ACCC has announced that it is 'highly conscious' of the impact of COVID-19 on Australian consumers and businesses, and has made a substantial number of interim authorisations, permitting what may otherwise be cartel conduct between competitors.
Boilerplate clauses don't always cut it: Joshan v Pizza Pan Group Pty Ltd and the importance of exclusive jurisdiction in determining the appropriate court forum
In Joshan v Pizza Pan Group Pty Ltd, the New South Wales Court of Appeal has emphasised the importance of clearly drafted jurisdiction clauses in commercial contracts when it comes to determining whether disputes under a contract are to be exclusively heard by the courts of a specific state or territory.
High Court confirms insurers are not liable for damage caused by spontaneous heating
Lander & Rogers previously published two articles regarding the successful defence of a claim against insurers for alleged wrongful declinature based on Perils Exclusion 6(c)(i) and/or 6(c)(ii) of an ISR Mark IV Policy (Perils Exclusion).
Federal Court pings real estate agency for breach of fiduciary duties
The Full Court has recently determined that a real estate agency, one of its former directors, and a senior employee of a property development company, breached their fiduciary duties to the development company by selling the company's land as part of a secret scheme to develop it themselves. This case is a warning to real estate agents and their employees that the fiduciary duties owed to their clients are paramount. The absence of a formal agreement required by law will not prevent a fiduciary duty from being established.
The conflict of potential administrators becoming administrators — Ten Network Holdings
It is now commonplace for large, complex, and distressed companies to engage insolvency practitioners to assess the company and provide a contingency plan for possible future administration in the event that restructuring is unsuccessful. A common term for these practitioners is 'potential administrators'.
The perils of delay when serving a claim - a 'good reason' not to wait
Parties that withhold from serving a Statement of Claim and then seek an extension of time to do so, without a 'good reason' for an extension being granted, run the risk of the claim not being renewed and being dismissed in its entirety. This is a lesson learned the hard way by a liquidator in three recent concurrent, interrelated proceedings in the Supreme Court of Queensland.
Update on "significant injury" requirement for claims concerning or relating to intentional torts
On 25 October 2019 the Victorian Court of Appeal handed down a decision which provides some clarification on the need for claimants to satisfy the 'significant injury' threshold in claims concerning or relating to intentional acts under the Wrongs Act 1958 (Vic) (Wrongs Act).1
First JobKeeper disputes decisions by the Fair Work Commission
On 13 May 2020 the Fair Work Commission (FWC) published one of the first, of what is bound to be many, rulings in the JobKeeper dispute jurisdiction. In that decision, Commissioner Jennifer Hunt found that a part-time employee who had been stood down and was receiving double her usual wage through the JobKeeper scheme had unreasonably refused a request by her employer to use a day of annual leave per week over a 16-week period.
Insolvency matters: Assessing a company's solvency
An insolvent trading claim was dismissed by the NSW Supreme Court when a creditor was unable to prove that a company was insolvent at the time it incurred its debts.
Can I sue Google for defamation?
The rapid growth of digital technologies presents new challenges for defamation laws. This article examines the question ''can I sue Google for defamation?''
The complexities of default notices for commercial lease breaches and termination of leases
Failure of parties to comply with the terms of a commercial lease is not uncommon. Learn more about the options for parties to exercise their rights to seek performance of the terms of a lease, or to terminate it.
What does the extended lockdown in NSW mean for commercial landlords?
The NSW Government recently announced a new economic support package to assist businesses that are impacted by the extended restrictions and lockdowns in NSW.
Toxic Waste Warehouse Fire: Court finds no policy cover
The proceeding arose from the high-profile fire at a storage warehouse in West Footscray. The warehouse contained large quantities of toxic chemicals, and the fire had a severe impact on the surrounding community and environment.
What's the latest on…liquidators' search warrants?
A search warrant is a powerful tool for a liquidator to hold, particularly with the expected insolvencies that will arise as Australia emerges from the COVID-19 pandemic and associated lockdowns.
Confidential advice under scrutiny: privilege in royal commissions and inquiries
Whether conducted by way of a royal commission, a statutory inquiry, a regulator or a coroner, inquiries are increasingly supported by procedural guidance regarding matters such as document production, confidentiality and legal professional privilege.
Securing future advances: Tacking, the PPSA, and lender priority explained
In today’s competitive lending environment, securing priority for future advances is more than a technical exercise - it’s a strategic imperative. The concept of tacking, long governed by common law, has evolved significantly with the introduction of the Personal Property Securities Act 2009 (Cth) (PPSA). For lenders, identifying the class of a lender's key security (personal property vs real property) and understanding how to leverage both frameworks is key to protecting lender interests.
NSW Supreme Court strikes down latest challenge to vaccine mandate public health orders
The Supreme Court has issued its decision of Larter v Hazzard (No 2) [2021] NSWSC 1451, concerning an application filed by a NSW paramedic, John Larter, to have two public health orders declared invalid.
Warning to all businesses: unfair contract laws enforced
The Australian Competition and Consumer Commission has taken waste management company JJ Richards & Sons (JJ Richards) to court for breach of the small business unfair contract laws that came into effect in November 2016. This is the first legal action that the Australian Competition and Consumer Commission (ACCC) has commenced to enforce the new laws. This eBulletin looks at what small businesses can learn from this first enforcement from the ACCC.
What happened to all the COVID-19 insolvencies?
Although the predicted 'tsunami' of insolvencies hasn't occurred, businesses should remain vigilant as to the financial wellbeing of their suppliers and customers.
COVID-19 and business interruption: Insurers win Star Casino appeal
On 21 February 2022, the Full Court of the Federal Court of Australia (Moshinsky, Derrington and Colvin JJ) handed down its judgment in Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16, an appeal concerning a business interruption insurance policy during the COVID-19 pandemic.
Lander & Rogers secures leading regulatory litigation team in major Commercial Disputes growth move
Leading national law firm Lander & Rogers has strengthened its Commercial Disputes practice with the appointment of Tom Jarvis and Christopher Sones as partners in Melbourne, commencing 1 June 2026
NSW class actions: High Court confirms soft closure power
In Lendlease Corporation Limited v Pallas [2025] HCA 19, the High Court determined that 'soft class closure' orders may be made in representative proceedings in the Supreme Court of NSW.
Directors' Duties: Federal Court gives Directors a 'heads up' on s180(1)
The Full Federal Court recently heard an appeal by the directors of Storm Financial, Emmanuel and Julie Cassimatis (the Directors).
When your tenant enters administration: Practical considerations for landlords
Financial pressure across a range of sectors have increased the frequency with which landlords are dealing with tenants entering external administration. While commercial leases often provide landlords with robust enforcement rights following a default, Australia’s insolvency framework can significantly affect those rights once an external administrator is appointed.
High Court decision in Mighty River confirms the validity of holding DOCAs under 5.3A
This week on Wednesday 12 September 2018, the High Court of Australia, by a majority judgment (3:2 Kiefel CJ, Edelman and Gaegler JJ concurring), handed down their decision in Mighty River International Limited v Hughes [2018] HCA 38. The majority of the Court held that holding DOCAs, which are deeds of company arrangement that provide additional time for administrators to undertake their investigations, are consistent with the object of Part 5.3A of the Corporations Act 2001 (Cth) and do not contravene any provision of that Part. This decision is significant for insolvency practitioners because it confirms the flexible approach that can be applied under Part 5.3A of the Corporations Act 2001 (Cth).