Publications

Victoria has undertaken significant legal reform to enable survivors of childhood sexual and physical abuse by a person associated with an organisation or institution to access compensation.  The recent case of Perez v Reynolds & Anor [2020] VSC 537 confirms the Victorian system is on a similar trend with increasing damages awards for historical abuse survivors as shown in other parts of the country. 

By a majority of 4-1, the High Court has overturned the Full Federal Court’s ruling concerning how entitlements are to be calculated for personal/carer’s leave under section 96(1) of the Fair Work Act 2009 (Cth), which provides employees with 10 days of paid personal/carer’s leave per year.

This decision is vitally important for part-time employees and employees who work shifts of different lengths.

It confirms the long-standing approach regarding the accrual of personal/carer’s leave. Read a summary on the case here.

At MMRB we are aware that many families are concerned about how the current COVID-19 situation will affect their lives, particularly their ability to comply with parenting arrangements in light of the most recent Stay at Home Directions published by the Government on 30 March 2020.

In light of the challenges posed by COVID-19 to otherwise profitable Australian businesses, the safe harbour regime is of particular relevance. It is one avenue of assistance available for businesses facing financial difficulties as it provides companies with a better opportunity to restructure and formulate a recovery plan, which may extend beyond the temporary relief announced by the Australian Federal Government on 22 March 2020.

The Commonwealth Government has introduced the Commercial Leasing Code of Conduct which is to impose a set of leasing principles for application to commercial tenancies. Here is a focus on the three key principles of the Code affecting Landlords.

A recent decision in the Supreme Court of New South Wales, Re Rainbow Carlingford One Pty Ltd (in liq) [2019] NSWSC 971 has emphasised the amount of evidence required to successfully bring an application to terminate a winding up order under the Corporations Act 2001 (Cth).

MMRB recently acted for a successful applicant of an order under s. 482 of the Corporations Act 2001 (Cth) to terminate the winding up of a company.  These applications are difficult, must be brought promptly and require a substantial amount of evidence to satisfy the Court that the orders should be made.