Tuesday, October 29, 2024

Scissors, paper, rock – Family Law v Bankruptcy Act (part II): can’t shape up**

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Last week's post provided an overview of the legislative changes requiring the family court to take into account the rights of creditors...
Tuesday, October 22, 2024

Scissors, paper, rock – Family Law v Bankruptcy Act (part I): who goes first?**

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Last week’s post looked at the interplay between the rights of spouses on a property settlement under the Family Law Act and the rights of c...
Tuesday, October 15, 2024

Out of time?** - The specifics of the Jodee Rich amendments

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Previous posts have looked at the interplay between the rights of spouses on a property settlement under the Family Law Act and the rights o...
Tuesday, October 8, 2024

When exactly is a director being a reasonable (man)**?

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Posts over the last 2 weeks have looked at various aspects of the business judgment rule, leveraging the lessons explained in the decision o...
Tuesday, October 1, 2024

Avoid being on your own** (A safe Harbour in the Mariner, Part II)

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Last week’s post summarised the leading Corporations Act case of ASIC v Mariner Corporation Ltd [2015] FCA 589. This post further conside...
Tuesday, September 24, 2024

Happy** to be a safe Harbour in the Mariner?

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Today's post considers the decision in ASIC v Mariner Corporation Ltd [2015] FCA 589. The case is particularly important because it hig...
Tuesday, September 17, 2024

Refinancing rules: ensure you & your client feel good**

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One issue that arises regularly in relation to the taxation of trusts is the incurring of interest expenses by a trustee for external borrow...