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.

This is what we have been waiting for, but will it assist the Government’s desire that parties negotiate reasonably fairly and in good faith?

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.

The Commonwealth Government has announced temporary amendments to insolvency and bankruptcy legislation in response to the unique challenges facing businesses and individuals during the Coronavirus health crisis. The changes provide bankruptcy and insolvency relief and are made pursuant to the Coronavirus Economic Response Package Omnibus Bill 2020 (Cth).

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.