The case of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (‘Bryant’) is an appeal from a decision of the Full Court of the Federal Court of Australia. The case concerned the operation of voidable transactions in insolvency. Background Badenoch, a timber logistics business, entered into an agreement with Gunns, a timber […]
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 Read More »
A quorum is the minimum number of people required at a meeting for the decisions made to be considered valid. Unless otherwise specified in the corporate constitution, under the Corporations Act 2001, a quorum is two members. As a general rule, if a quorum is not present, the meeting cannot proceed. There may, however,
Voting without a Quorum Read More »
Construction contracts in Australia typically require parties to give notice of certain events or circumstances in order to protect their legal rights and interests. These notices are often referred to as ‘claims’ or ‘notifications’ and can be critical in resolving disputes and avoiding legal proceedings. Notices under construction contracts are typically issues for one
Sending Notices Under Construction Contracts Read More »
The Australian Charities and Not-for-profits Commission is a federal body which exists to regulate charities. Established by the Australian Charities and Not‑for‑profits Commission Act 2012 (‘the Act’), it manages the registration of new charities, and the compliance and annual reporting requirements required for not-for-profits. The ACNC has a number of powers in relation to the
Do You Want to Appeal Your ACNC Decision? Read More »
Imagine a crisp night around the middle of July. A storm is brewing and the phone does not stop buzzing with ‘damaging wind’ notifications from the Bureau of Meteorology. Usually, it would be nothing, but this time, you awaken to see a fallen fence. Fencing disputes are a common occurrence and can cause great
Neighbourhood Fencing Disputes Read More »
Under Australian law, not-for-profit organisations can take on various forms, including self-declared not-for-profits and registered charities. While both types of organizations operate with the aim of benefiting the community, there are significant differences between the two. A self-declared not-for-profit is an organisation that states it operates for the benefit of the community without seeking
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Background The recent decision from Krongold v Thurin[1], released on September 5th 2023, follows on from a lengthy case that first began in VCAT, and has progressed all the way to the Victorian Supreme Court of Appeal. This landmark case has set important precedents for VCAT’s jurisdiction, particularly in accordance with s 77 of
Krongold v Thurin: More legal implications for VCAT? Read More »
What is the Justice Legislation Amendment Bill 2023? The Justice Legislation Amendment Bill 2023 was introduced into the Victorian Parliament in August 2023, and has just recently passed both houses. The Bill was enacted with the purpose of effecting significant amendments across various facets of the Victorian legal system, and clarifying procedural and jurisdictional
Justice Legislation Amendment Bill 2023 – VCAT, federal jurisdiction, and more Read More »
We are absolutely delighted to welcome Samuel J. Woff as a Partner at Warlows Legal! Samuel’s addition to our team is a significant milestone for us, as he brings an exceptional wealth of legal expertise in the field of commercial construction law and construction litigation, and a background in education, as a law
Welcome Samuel J. Woff to Warlows Legal! Read More »
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