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Consenting Administrator cannot revoke it later

BREAKING: Federal Court has just held that if an Administrator consents in writing to a proceeding, they cannot later revoke, suspend or withdraw the consent. Link to the case – https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0572 The issue at stake was whether an Aboriginal Corporation, under Administration, could rely upon the stay of proceedings powers under s440D of the Corporations…

Two big events: ISX and Virgin

Two big events are happening today: 1) #virginaustralia first meeting of creditors at about 11 AM (AEST) 2) iSignthis Ltd (ASX: ISX) vs ASX judgment in the Federal Court will be handed down at about 10 AM (AEST) – I have been following this matter for some time now, and principally relates to the ASX’s…

Just and equitable wind-up of a solvent incorporated association

A recent peculiar case from the QLD Court of Appeal (COA) is a timely reminder that a Court will only wind-up a solvent incorporated association on just and equitable (J&E) grounds 🚨 AS A LAST RESORT 🚨 despite a legal war between two camps. The Association: Congregational Christian Church In Samoa-Australia (Ipswich Congregation) Camp 1:…

Is COVID-19 trademarkable?

#Covid19 is not and never should be a trademarkable phrase, for many number of reasons. But one NZ company is trying just that having applied last month to IP Australia to register a trademark over covid-19 over a pretty broad array of subject matters, like entertainment, news, publishing, education, etc. Fortunately, a Notice of Intention…

Changes to AusPost imminent

Your local postie will only be delivering mail every second day for the foreseeable future, supposedly due to the significant disruption caused by #covid19 on Australia Post (some pundits are calling it 10 years worth of disruption in 1 month). Link to the AusPost announcement – https://auspost.com.au/about-us/news-media/important-updates/coronavirus/coronavirus-domestic-updates Not much detail has been provided yet, but…

Commercial tenancy during COVID part 3

BREAKING: Scomo has told us more on the commercial tenancy MANDATORY “Behavioural Code of Conduct” that is being implemented as a result of the #covid19 pandemic … Key points: ** mandatory Code applies where tenant or landlord is eligible for the JobKeeper stimulus package (ie turnover less than $50m) ** good faith leasing principles include:…