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    Overview of section 151 of the Personal Property Securities Act 2009
    2024-03-07

    The decision in RPPS v Brookfield is the first recorded instance of s 151 of the PPSA being enforced (with a $30,000 penalty imposed for an improper registration). It serves as a caution to those making spurious registrations, but reasonably diligent and responsible parties should have no cause for alarm.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Gilbert + Tobin, Personal Property Securities Act 2009 (Australia), Administrative Appeals Tribunal
    Authors:
    Orla McCoy , Peter Bowden , Anna Schwartz , Sofia Kranjec
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Landmark Enforcement of PPS Act Section 151: RPPS v Brookfield
    2024-03-07

    The decision in RPPS v Brookfield is the first recorded instance of s 151 of the PPSA being enforced (with a $30,000 penalty imposed for an improper registration). It serves as a caution to those making spurious registrations, but reasonably diligent and responsible parties should have no cause for alarm.

    Overview of section 151 of the Personal Property Securities Act 2009

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Personal Property Securities Act 2009 (Australia), Administrative Appeals Tribunal
    Authors:
    Orla McCoy , Peter Bowden , Anna Schwartz , Sofia Kranjec
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Impact of proposed changes to the Fair Work Act on insolvency and restructuring practitioners
    2023-09-11

    In brief - The legislative changes proposed within the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (the Bill) is, as aptly titled, proposing to close outstanding 'loopholes' in the Fair Work Act 2009 (Cth) (the FWA).

    Filed under:
    Australia, Employment & Labor, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Fair Work Act 2009 (Australia), Administrative Appeals Tribunal
    Authors:
    Adam Foster , Scott Hedge
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    ASIC and AAT share tough approach on phoenix operators
    2012-04-26

    In Peter Grossman v Australian Securities and Investment Commission [2011] AATA 6, the Administrative Appeals Tribunal upheld a 5 year disqualification period against former director Mr Grossman who was at the helm of 3 companies that met financial demise. The Tribunal affirmed ASIC’s decision to grant the maximum disqualification period made pursuant to s 206F of the Corporations Act which was returned after finding Mr Grossman participated in phoenix activities deemed to lack commercial morality and blatantly disregard the interests of creditors.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Administrative Appeals Tribunal
    Authors:
    Alicia Hill
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Corporate tax update- August 2015
    2015-08-03

    Research and development expenditure not incurred

    In Commissioner of Taxation v Desalination Technology Pty Limited [2015] FCAFC 96, the Full Federal Court upheld the Commissioner’s appeal from the earlier decision of Justice Perram in the Federal Court. That earlier decision was the result of an appeal by the Commissioner, on a question of law, from the decision of the Administrative Appeals Tribunal (AAT) in favour of the taxpayer (DST). 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, PwC Australia, Administrative Appeals Tribunal
    Authors:
    Tom Seymour , Adam Davis , Warren Dick , Murray Evans , Alistair Hutson , David Ireland
    Location:
    Australia
    Firm:
    PwC Australia
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