News

The practical effect of the rules on evicting tenants during COVID-19: RFY v ACV (Residential Tenancies)

29 Sep 2021

The case of RFY v ACV (Residential Tenancies) [2021] VCAT 865 concerned an application by a landlord to evict a tenant on the basis of unpaid rent after Regulation 14 of the COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 came into effect.

Reversal of decision in Commissioner of Taxation v Bosanac – over turning the presumption of advancement?

The recent decision of Commissioner of Taxation v Bosanac (No. 7) [2021] FCA 249, whereby the Commissioner commenced proceedings to seek a declaration that the wife held 50% of the property on trust for her husband, without any evidence of intention, has been overturned by the Full Federal Court in Commissioner of Taxation v Bosanac [2021] FCAFC 158.

Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?

During insolvency proceedings, administrators and liquidators are often required to make urgent commercial decisions. These decisions are unlikely to please every stakeholder, however, administrators and liquidators are not able to be subjected to investigation through appointment of special purpose liquidators (SPL) tasked with doing so. The unhappy stakeholders in Lewis v Battery Mineral Resources Ltd (in liq) [2021] FCA 963 found this out when they requested such an appointment from the Court as summarised in this article.

Defective bankruptcy notices – a lifeline: Grant v Green & Associates Pty Ltd

Invalidating a bankruptcy notice will not necessarily stop your creditors from seeking payment from you, but it may provide you with more time to access cash or seek alternative arrangements to pay your debts. Grant v Green & Associates Pty Ltd [2021] FCA 934 provides an example of successful invalidation of a bankruptcy notice due to an overstatement of the debt owed.