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In the insolvent trading case of Akron Roads, the High Court decided that the liquidators could join to the proceedings, the insurer of one defendant also in liquidation and another defendant facing bankruptcy.  This was permitted in the absence of a direct claim against the insurer because of the legal consequences of s 562 of the Corporations Act. It preserves insurance proceeds for the benefit of any third party whose claim is covered by the policy. In Akron Roads, with the corporate defendant being in liquidation, s562 would preserve any insurance proceeds for Akron as third party. 
Posted on:
1 Dec 2016
Keypoint Law Successful in Remuneration Application Keypoint Law’s Michael Rozdal acted for Ferrier Hodgson in a recent application to the Supreme Court for the approval of the remuneration of John Melluish and Morgan Kelly, and their staff at Ferrier Hodgson, for work performed during the liquidation of two companies. 
Posted on:
7 Nov 2016
Most people love a chat. However, understandably, most managers and employers often avoid having difficult conversations with their employees because it can be awkward, confrontational and time consuming. Unfortunately, avoiding what needs to be said can grow into a major issue causing legal risks and reducing an employer’s ability to successfully defend legal claims should they arise.
Posted on:
19 Sep 2016
As many of our readers would be aware, the second Thursday of September in each year, is a national day dedicated to asking family, friends and colleagues the simple question: “Are you okay?”. Given that Thursday 8 September has just gone by, and in light of growing global awareness of depression and suicide, mental health issues and domestic or family abuse, we thought it would be fitting to write a client alert about this topic.
Posted on:
19 Sep 2016
We are often asked if the conduct of an employee gives rise to sufficiently serious grounds so as to amount to serious misconduct for which the employer can instantly dismiss the employee without notice. The honest answer is that the law does not prescribe a precise definition of the meaning of serious misconduct, although several regimes including the common law, the contract of employment and the Fair Work legislation may assist in determining whether an employee’s conduct justifies instant dismissal.
Posted on:
19 Sep 2016
The importance of secured financiers correctly registering their security interests on the Personal Property Securities Register (PPSR) cannot be overstated. An error, say in the details of a lessee/borrower recorded on the PPSR will threaten the priority ranking the financier believes it has obtained by virtue of registration. Recently the New South Wales Supreme Court considered whether it could rectify a registration error on the PPSR. In effect the court was being asked to backdate a corrected registration to the time from which the faulty registration began.
Posted on:
5 Sep 2016
The pace of change continues for financial services. This article highlights some of the current challenges and changes facing the financial services sector. 
Posted on:
16 Aug 2016
It is not uncommon that we receive a query as to whether employers can direct employees to take annual leave. This often arises when the business shuts down usually over the Christmas and New Year season. Conversely, it is not uncommon that we receive a query as to whether, and in what circumstances, employees are able to trade in a portion of their annual leave entitlement for cash. 
Posted on:
15 Aug 2016
Article written by Keypoint Law Consulting Principal, Andrea Beatty, and Associate, Jack McIntosh; as published in the LexisNexis Financial Services Newsletter 2016, Vol 15, No. 5   Unfair Contract Terms - analysis and toolkit From 12 November 2016, the Unfair Contract Terms Law (UCTL) that provides protections for consumers will be extended to include standard form small business contracts (SFSBCs).
Posted on:
25 Jul 2016
In the second half of 2016, the reforms to Strata title laws will come into force in New South Wales.[1]  These include new statutory duties laid upon members of the executive committee of a strata plan. 
Posted on:
16 Jun 2016

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