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    Private Examination Granted for Director Charged with Federal Crimes

    In Sprowles (Liquidator), in the matter of CWCN Pty Ltd (in liq) [2021] FCA 159, the Federal Court of Australia ordered a private and confidential examination of a director who had been charged with serious federal crimes. The case provides guidance about when ongoing criminal proceedings will give rise to ‘special circumstances’ justifying a private examination by a liquidator.

    Changes to the Retail Leases Act 2003 – Early Market Reviews and changes to Disclosure Statement Requirements

    Landlords and tenants should be aware of the recent amendments to the Retail Leases Act 2003 (“Act”) by the Retail Leases Amendment Act 2020, in particular in relation to early market reviews and the timing for provision of a Disclosure Statement to the tenant.

    A Question of Law: The Court’s Discretion to Give Directions to Liquidators

    By Alicia Hill, Principal and Evangeline Yong, Law Clerk In the recent case of Knight, in the matter of GMG Victoria Holdings Pty Ltd (In Liq) [2021] FCA 86, the Federal Court considered the circumstances in which the Court can give directions to liquidators in the process of winding up a company. Background Tracey Knight and…

    COVID-19 Rent Relief Legislation: Preventing forfeiture?

    VCAT has had its first hearing in which relief from forfeiture was sought under the COVID-19 Commercial Tenancies regulations. In the matter of PS Market Pty Ltd v Brijcam Nominees Pty Ltd (Building and Property) [2020] VCAT 1468, the Tribunal had to consider the COVID-19 legislation relating to commercial tenancies. This article analyses the outcome of this case and illustrates the importance of parties’ knowledge of their rights in a tenancy agreement and potential relief that may be available depending on the circumstances.