On 20 February 2026, the Land and Environment Court imposed a penalty of $157,500 in Environment Protection Authority v Clarence Colliery Pty Ltd [2026] NSWLEC 13 for a breach of Pollution Incident Response Management Plan (PIRMP) testing requirements. This is the...
Hydrogen sulphide, commonly associated with a “rotten egg” odour, continues to generate enforcement activity. On 26 February 2026, the Land and Environment Court imposed total fines of $270,000 on a non-putrescible landfill operator following prosecution by the...
A loan is a type of debt where one party gives money to another party on the basis that it will be repaid at some point in time. Anyone from a friend to a company can advance or receive a loan. For example, individuals may borrow money to purchase a car or home, or a...
It is common knowledge that directors owe duties to a company. Directors are, after all, responsible for its overall governance and direction. However, those duties are usually loosely acknowledged, and their scope is often underappreciated. In smaller businesses,...
Disputes between company shareholders and directors are common place and can have a significant impact on a company's operation. It is also not unusual for protracted disputes to ultimately lead to irreconcilable situations that ultimately and significantly limit the...
Voidable transactions form a vital part of the insolvency regime and ensures that the assets of an insolvent company are made equally available to its creditors, particularly those that have been sought to be made unavailable in the period leading up to the...
The voidable transaction regime under Part 5.7B of the Corporations Act 2001 (Cth) (the Act) provides a framework for liquidators to pursue recovery action against parties who have received property or some form of benefit from an insolvent company. In turn, the...
Disputes between shareholders and directors are common place and can take shapes of varying degrees and scope. They often involve disagreements with respect to control over the direction, management or operation of a business, access to the company's books and...
The Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) provides processes designed to ensure prompt and fair payment for construction work and establishes a framework for resolving payment disputes quickly through adjudication or Court...
An unfair preference claim often arises in situations where a director of company, anticipating the company's liquidation, prefers some creditors over others by prioritising the payment of their debts. When the company is eventually wound up, there are then fewer...
Broad and all-encompassing release clauses generally found in agreements in settlement of a dispute may be limited in its application depending on the circumstances and knowledge of the parties at the time the release came into existence. Key Takeaways When deeds of...
Previously we discussed reputation in a trade mark and the law of trade mark infringement under the Trade Marks Act. Next, we consider reputation and its treatment under the Australian Consumer Law and the case between rival brewing companies Brick Lane Brewing Co Pty...