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ACCC initiates action against Megasave Couriers

17 Jul 2020

By Ryan Attard, Law Clerk and Alicia Hill, Principal On 3 July 2020, the Australian Competition and Consumer Commission (ACCC) initiated proceedings against franchisor Megasave Couriers Australia Pty Ltd (Megasave) in the Federal Court of Australia. The ACCC is alleging that Megasave conducted misleading and deceptive conduct in contravention of section 18 of the Australian…

High Court provides guidance on who is an ‘officer’ of a Company

By Benjamin Caddaye, Law Clerk and Alicia Hill, Principal Earlier this year the High Court of Australia handed down its decision in Australian Securities and Investment Commission v King [2020] HCA 4. This was an appeal from the Queensland Court of Appeal concerning the definition of who was an ‘officer’ of a company under section…

Can a Court Order Threaten Access to a Liquidator’s Right of Indemnity?

13 Jul 2020

By Alicia Hill, Principal and Nicholas Mason, Law Clerk This article considers a decision of the Queensland Supreme Court handed down in February 2020. In Park & Anor v Whyte [2020] QSC 18, the Court considered the impact court orders may have to restrict a liquidator’s recourse to indemnification against the expense of defending third-party…

Federal Court Offers Guidance for Administrators Executing Deeds of Company Arrangement

13 Jul 2020

By Alicia Hill, Principal and Nicholas Mason, Law Clerk MST Lawyers The Federal Court has recently provided further guidance for administrators of insolvent companies In the matter of the Natural Grocery Company Pty Ltd [2020] FCA 433. The Court principally gave its attention to subsections 444F and 444GA of the Corporations Act 2001 (Cth) (Act)….