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Salvaging an Insolvency when the Liquidator was Invalidly Appointed

The recent decision of the Victorian Supreme Court, In the Matter of Polat Enterprises Pty Ltd (in liq) [2020] VSC 485, is a compelling reminder of the consequences of an invalid resolution for winding up a company. This case illustrates the challenges raised by an invalid appointment of liquidators, but also demonstrates the powers of the Court to provide orders that allow the liquidation to continue where considered appropriate.

Upcoming Penalty Rate Changes In The General Retail Industry Award 2010

By Renee Karakinos, Lawyer On 1 October 2018, the Fair Work Commission, as part of its 4-year modern award review, made a decision to amend evening, Saturday and Sunday penalty rates under the General Retail Industry Award 2010 (Award).  The original decision can be accessed here. MST Lawyers had previously published an article (link to…

The future of dispute resolution in franchising in Australia

By Philip Colman, Principal, MST Lawyers  In March 2019, the Parliamentary Joint Committee on Corporations and Financial Services published its report entitled “Fairness in Franchising”, following an inquiry into the operation and effectiveness of the Franchising Code of Conduct.  Thereafter a Franchising Taskforce was set up to further consider some of the recommendations in the…

Proposed Changes to Franchising Code of Conduct

17 Sep 2020

By Louise Wolf, Senior Associate, MST Lawyers In August 2020, the Australian Government released its response to the Parliamentary Joint Committee Inquiry into the operation and effectiveness of the Franchising Code of Conduct report, Fairness in Franchising.   The Government agrees that improvement in fairness and transparency for franchisees is required and says it has listened…