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    UNFAIR PREFERENCE CLAIMS AND THE OUSTING OF THE ‘PEAK INDEBTEDNESS’ RULE

    Creditors faced with an unfair preference claim under the Corporations Act 2001 (Cth) (Act) will often try to show that its relationship with the company in question involved a running account, thereby bringing into play the defence in section 588FA(3)(c) of the Act.

    Evidence vs Inference: Analysis of Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419

    Proving your case in court requires the leading of evidence and the making of submissions about how a court should interpret that evidence. Liquidators are often in a position where they are unable or would not wish to call a particular evidence who in the ordinary case would be the best person to give evidence necessary to prove an element of a case.

    Franchising Update – MST Lawyers Presentation on Amendments to Franchising Code

    22 Jun 2021

    In early June the Federal Government released regulations making substantial changes to the Franchising Code of Conduct.

    Upcoming Changes to Superannuation

    On 1 July 2021, the superannuation guarantee rate will increase from 9.5% to 10%.

    This is part of the previously legislated staged increases to the superannuation guarantee which has been maintained by the Federal Government in its 2021 Federal Budget.