Category: Litigation

County Court argues for better resourcing at VCAT

Although it’s trite to say the pandemic has had an impact on Victoria’s courts and tribunals, the difficulties experienced at the Victorian Civil & Administrative Tribunal have been profound. The Tribunal was under the microscope…

Congratulations Sven Burchartz!

Kalus Kenny Intelex is thrilled to announce that Sven Burchartz has been short-listed for the prestigious Lawyers Weekly Partner of the Year Awards 2021. Sven has been named as a finalist in both the Commercial…

Corporate Insolvency Reforms for Small Business

On 31 December 2020, the extension of the temporary relief measures introduced by the Federal Government on 22 March 2020 came to an end. In their place, the Corporations Amendment (Corporate Insolvency Reforms) Act 2020…

The new illegal Phoenixing Legislation effecting Director Resignations

The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Phoenixing Act) was enacted last month to assist ASIC and liquidators to combat illegal phoenixing activity in Australia. The Phoenixing Act amends the Corporations Act 2001,…

New General Environmental Duty (GED) to impact businesses

Businesses need to be aware of a new regulation around harm to the environment and human health. Noise pollution, chemical storage, waste management and contamination will all be put under the microscope, closer than ever…

Business interruption insurance. Are you covered?

The Covid-19 restrictions have had devastating effects on many businesses across Australia. Businesses may turn to their business interruption insurance to consider whether they are covered against the interruption caused by Covid-19. Like any claim…

2021 – Who will soar and who will stumble?

The challenges of 2020 have been experienced by us all – as individuals, as businesses and as a community. We did not face the same challenges, but it would be difficult to find anyone who…

More time for financially stressed individuals and companies

The Federal Government will extend the temporary relief measures for financially distressed individuals and businesses to 31 December 2020. The measures include: 1. The period within which a statutory demand must be complied is extended…

Running a hearing during COVID-19

When COVID-19 hit, no one was immune, and courts and tribunals across Australia had to pause, assess, and implement change. In Victoria, most almost immediately closed the doors to in-person hearings and shifted all court…

The importance of ensuring that your marketing does not breach consumer protection legislation

In 2017 GlaxoSmithKline and Novartis were accused by the Australian Competition and Consumer Commission of misleading consumers for over 5 years. The two companies admitted that “Osteo Gel” was marketed as being more effective in…

How to respond to a data breach notification

Under the Australian Privacy Act and the Notifiable Data Breach (NDB) scheme, organisations which store your personal information and experience a notifiable data breach, must inform you of that breach, as well as the Privacy…

COVID-19 – A force (majeure) to be reckoned with

The effects of the coronavirus have disrupted almost every aspect of our daily lives, but is COVID-19 a reason not to comply with your contractual obligations? The answer may come down to whether your contract…