The Australia Taxation Office (ATO) has the power to demand the production of information and documents in your custody or control. However, this power does not override a claim for legal professional privilege (LPP).
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The ATO has recently taken steps to increase enforcement action against company directors for tax debts after a period of leniency during the COVID-19 pandemic.
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You will no doubt be aware that significant changes were implemented in 2020 to statutory demand and bankruptcy notice procedures to accommodate the impact of COVID-19 on struggling companies and individuals.
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The Court found that Mr McCarthy did not become aware of the contents of the document merely by being referred to a link to a Dropbox file. It was not enough that Mr McCarthy's solicitors saw the submissions when Mr McCarthy forwarded the email.
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It has been 3 years since our landmark successful defence on behalf of CSR Building Products Ltd of an unfair preference action by liquidators of a company that traded with CSR.
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Liquidators are more frequently taking advantage of so-called ‘mothership proceedings’ to pursue unfair preference claims against multiple defendants in respect of the same corporate liquidation.
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The Banking Royal Commission shone a spotlight on the conduct of banks and uncovered numerous examples of misconduct in the financial services sector.
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The Queensland Supreme Court recently handed down its decision in KDV Sports v Muggeridge Constructions, of which builders need to take careful account when preparing payment claims.
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The recent case of Santos Limited v. BNP Paribas[1] demonstrates the need for extreme caution and care in drafting commercial documents, in this case, a demand letter made pursuant to a bank guarantee.
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