Justice Jackman of the Federal Court of Australia delivered his Honour’s decision today in Australian Securities and Investments Commission v Terracom Limited [2025] FCA 726 (Terracom).The decision concerned an application brought by ASIC against TerraCom Limited (Company) and its directors...
The Supreme Court of Western Australia has dismissed an application to set aside a Statutory Demand in the case of Paulsens East Iron Ore Pty Ltd v Terra Mining Pty Ltd [2025] WASC 221, on the grounds that there was...
Early this year, several Australian superannuation funds including AustralianSuper, Rest, Hostplus and the Australian Retirement Trust were targeted by a coordinated cyberattack that saw some 20,000 accounts collectively compromised, with the country’s largest fund, AustralianSuper, reporting that a combined $500,000...
The Residential Tenancies Amendment Act 2024 (WA) (Amendment Act) came into effect last year which included prohibitions on rent bidding and retaliatory action, limiting rent increases, and permitting pets and modification requests as discussed below.Ban on Rent BiddingLandlords are prevented...
As you may be aware, on 1 January 2025 the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill (Bill) came into effect. The Bill amended the Corporations Act 2001 (Cth) (Act) to incorporate new disclosure provisions into Chapter...
The High Court’s first decision for 2025 is of great significance for the law of trusts. The High Court held, by a 4:3 split decision, that a successor trustee does not owe a fiduciary duty to a former trustee in...
MPH wrote recently on the common law position applicable in Australia (and briefly the statutory rules in NSW), in relation to the enforceability of restraint clauses. That article can be viewed here.As part of its budget papers released on 25...
IntroductionRestraint clauses are contractual provisions that restrict an employee from engaging in certain conduct following the termination of their employment. A restraint clause is generally drafted having regard to:geographical area; period of time; defined businesses or activities that the...
SummarySignificant policy changes to foreign investment rules for residential property in Australia will come into effect as of 1 April 2025 and will continue for 2 years until 31 March 2027. The new policy will ban foreign persons (which includes...
The Whyalla Steelworks is again under the voluntary administration of KordaMentha, following the South Australian Government's intervention due to the deteriorating financial position of its owner, GFG Alliance. The state and federal governments have announced a joint $2.4 billion support...