News & Publications

Statutory Demands: A Debt Collection Tool?

Posted May 13, 2014 9:40 am

A Statutory Demand is a formal written request for payment of debts owed by a company, issued pursuant to Part 5.4 of the Corporations Act 2001 (Cwlth) (‘Act’). The core intention of the relevant legislation is to prevent companies from trading whilst insolvent, and thereby incurring further debts which will not be repaid. It is an initial step in the winding up process. However, there is a tendency by some entities to use Statutory Demands as a debt collection tool. This paper will explain briefly how Statutory Demands work, and then consider the circumstances in which it is appropriate to use them.

Council Meeting Procedure: Closed Meetings

Posted March 24, 2014 4:27 pm

By default, council meetings and council committee meetings are open to the public. This rule enforces the principle that the business of councils and council committees should be open and transparent. However, the legislature recognises that both councils and council committees may be called upon, from time to time, to consider matters that ought to be discussed behind closed doors. Accordingly, the Regulations grant the power to close all, or part of, a council meeting or council committee meeting to the public in certain circumstances.

Calculating the Ordinary Time Rate of Pay

Posted March 24, 2014 1:52 pm

Section 69 of the Workers Rehabilitation and Compensation Act 1988 (the ‘Act’) prescribes that when a worker suffers a total or partial incapacity for work, supported by a medical certificate, they are entitled to receive weekly payments. How much a worker receives is determined by the weekly payment rate. The purpose of this article is to highlight the common mistake and set out the correct approach.

Why Should I Have A Will?

Posted March 24, 2014 12:51 pm

“I can do my Will later”, “I don’t want to think about it”, “My family knows what I want” – These are some of the many reasons why people put off doing their Will. There is no way to predict when you will die or lose the capacity to make a Will, so it is better to organise your affairs sooner rather than later. This paper looks at the benefits of making a Will, and what happens if you have no Will. It also examines the danger of using Will Kits.

Restraint of Trade Clauses

Posted March 21, 2014 4:51 pm

Restraint of trade clauses in commercial contracts are very useful tools in certain circumstances, but their use needs to be considered carefully due to the predilection of the Courts to read them down or strike them out.

Binding Financial Agreements in New Relationships: Making the Unclear, Clearer

Posted March 21, 2014 4:45 pm

Often people will begin a new relationship with reservations, particularly if they have previously endured a challenging property or parenting settlement. One way to remove a degree of insecurity around entering a new relationship and protecting assets brought to that relationship is to have a discussion about a Binding Financial Agreement.