General

Uber Drivers – Employee Or Independent Contractor?

The distinction between employment and other contracting arrangements can have a significant impact on the obligations and penalties that businesses are exposed to.

In a recent decision, the Fair Work Commission determined that a Victorian Uber driver failed to satisfy the “work-wages bargain”, which is considered to be fundamental to employment and was deemed to be an independent contractor.

ACCC Washes Out In Action Against Cussons

In 2013, the ACCC instituted proceedings against Colgate and Cussons for engaging in cartel conduct. Only Cussons defended the claim, which the Federal Court went on to dismiss. The key issue, in this case, was whether Cussons had entered into an arrangement or understanding with other members of the alleged cartel.

Assignment Of Liquidator’s Right To Sue: Considerations For Liquidators And Assignees

On 1 March 2017, a significant change was made to the Corporations Act 2001 (Act) involving a liquidator’s powers to sue various parties.  This change was the introduction of a new provision into section 100-5 in Schedule 2 of the Act.  It inconspicuously sits under “Other Matters” in the Schedule and permits a liquidator to assign actions to others, which historically only a liquidator could bring.

INSOLVENT TRADING AND RELATED ENTITIES AS LAST CREDITOR PRIORITY

The recent case of Perrine v Carrello [2017] WASCA 151 demonstrates that flexible payment arrangements between related entities may still be considered debts and that if this debt is incurred while the company is insolvent, it may constitute insolvent trading, rendering directors personally liable for the debt. The Court not only ordered the directors to repay to the company the losses suffered but also said the related entities would not be entitled to any distribution in the liquidation until all other creditors had been paid.