Commercial Law

March 2020 | Kieran Kelly As businesses grind to a halt we have received many enquiries in relation to the rights of commercial landlords and tenants as the payment of rent becomes either difficult or impossible. The unprecedented measures introduced by the government to stem COVID-19 have already had a catastrophic impact on Australian businesses. The most sharply affected are those whose doors have already been ordered shut. They include pubs, restaurants, cafes, cinemas and gyms. As the economy

March 2020 | Scott Freidman On 22 March 2020, the Morrison government announced that it will relax the insolvency and bankruptcy laws to keep businesses alive. We understand these measures will last for 6 months and will be passed by Parliament urgently. Here’s what you need to know: The government will increase the threshold at which a creditor can issue a statutory demand from $2,000 to $20,000. The threshold for the minimum amount of debt required for a creditor

March 2020 | Scott Freidman The constantly changing conditions in which Australian businesses are operating are difficult to keep up with and it may be hard to see light on the other side of the coronavirus crisis. However, with correct and appropriate advice at an early stage you can take steps to be in the best possible position to rebound. Harris Freidman has long established relationships with a wide range of insolvency professionals who will: analyse your business and

October 2019 | Alex Shdidi When business owners are in the initial phases of building a business one aspect often overlooked is the protection of intellectual property (IP). This is understandable as the business owners are often thinking about cash-flow, increasing their customer base, marketing and the like, all of which are vital for the business. However, neglecting the IP needs of your business could prove costly in the long run. One such situation may occur when a  prospective

July 2019 | Kieran Kelly Israel Folau’s Instagram comments have reverberated well beyond the confines of Australia’s rugby union community. Rugby Australia was stuck in an invidious position. Its biggest star and arguably best player had once again made comments that clashed with, many would say, established standards of respectful public discourse. Rugby Australia’s hastily convened panel that included John West QC, Kate Eastman SC and John Boultbee AM, decided to terminate Folau’s contract, reportedly on the basis that his

May 2019 | Kieran Kelly What is the common thread through each of the following scenarios? a business that wants to sell an outstanding debt; a business that is being sold inclusive of debts owed to it; and a liquidator that wants to sell its right to an insolvent trading claim ie a claim against directors of the insolvent company for trading whilst insolvent. The answer is the application of the law of assignment. The law of assignment involves three

January 2019 | Kieran Kelly Insolvency practitioners have been faced with uncertainty as to whether the priority regime in the Corporations Act should apply when companies that have conducted their business through a trading trust enter into receivership or liquidation. Subject to certain “priority” creditor provisions, the Corporations Act seeks to provide for the equal treatment of unsecured creditors. Secured creditors are given priority to recover their claims in full. Expenses properly incurred by a liquidator or receiver and