Publications

Welcome to the first edition of our fortnightly Banking Sector Newsletter. We hope you enjoy it! Our aim is to provide you with current media, legislation and cases relating to the banking and finance sector. We welcome your feedback to ensure we are catering for the needs of our readers.

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The purpose of this newsletter is to provide government lawyers with a digestible and relevant snapshot of current news, case law and legislation. We welcome feedback or suggestions for areas of interest at any time.

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This fortnight saw Victoria Legal Aid release its annual report, which emphasises the relationship between legal aid and the Government’s Community Safety Initiatives. Meanwhile, the Government has passed new laws to protect emergency service workers. The Commonwealth Government has moved to implement its national redress scheme for victims of childhood sex abuse, which may impact […]

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On 18 September 2017, major reforms to Australia’s insolvency laws were passed making ipso facto clauses unenforceable in certain insolvency procedures.   This article provides an overview of the reasons for the reform, when the laws will take effect, how the new laws should operate and how they will impact the construction industry. The new laws […]

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The purpose of this newsletter is to provide government lawyers with a digestible and relevant snapshot of current news, case law and legislation. We welcome feedback or suggestions for areas of interest at any time. This edition includes the High Court decision on the ‘Citizenship Seven’ saga that found five MPs, including Barnaby Joyce, ineligible to sit in Parliament, and […]

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In September 2017, the Commonwealth Government released a consultation paper proposing various amendments to Corporations Act (Act) which aim to increase the ability of liquidators and regulators to investigate illegal phoenixing. This Alert provides an overview of the key proposed reforms. What is illegal phoenixing? Illegal phoenixing involves the directors of a company deliberately avoiding paying that […]

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In breaking news, the Queensland State Parliament has debated and passed the Building Industry Fairness (Security of Payment) Bill 2017 (BIF Bill).  For further information on the BIF Bill, please see our previous Construction Alerts dated 24 August 2017 and 13 October 2017. Amendments The BIF Bill has been passed with 144 amendments.  We briefly discuss […]

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The past fortnight was relatively quiet. Perhaps it was because the most newsworthy story, Victoria’s assisted dying laws, is yet to land. However, IBAC published responses following several investigations into a range of public sector agencies on 16 October and, on the same day, the Victorian Ombudsman released its annual report which revealed the Ombudsman […]

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It is common practice for certificates of practical completion to certify a date of practical completion a short period before the date that the certificate is issued.  In other words, the actual date of practical completion is back-dated in the certificate. In a recent judgment in Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] […]

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Last week the Commonwealth Government introduced a Bill to reduce the period of bankruptcy from 3 years to 1 year. On 19 October 2017, the Bankruptcy Amendment (Enterprise Incentives) Bill 2017 (Bill) was introduced into the Senate. The Bill is for the Bankruptcy Amendment (Enterprise Incentives) Act 2017 (Amending Act) which, if enacted, will amend the Bankruptcy Act 1966 (Act). […]

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