Attacking Phoenix transactions

Meet The Members – Asia-Pacific and The Middle East & Africa What is a Phoenix Company? A ‘Phoenix’ is a mythical bird that could live for five or six centuries in the Arabian desert. After this time, it would burn itself on a funeral pyre and rise from the ashes with renewed youth to live […]

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Court dismisses application to terminate the winding up of a company

In the decision of Re Gulf Aboriginal Development Company Ltd [2021] QSC 310, the Queensland Supreme Court (Freeburn J) dismissed an application to terminate a winding up order after concerns were raised about the viability of the company. This case helps to understand the Court’s limits when exercising the discretion to revive a company. Background In February […]

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Updated Advice: Can Employers Mandate Vaccines?

Since our last update on mandatory vaccines in the workplace, the Fair Work Ombudsman has provided some further guidance as to what circumstances it considers will give rise to a valid lawful and reasonable direction from an employer in respect of vaccinations. The FWO considers there are four (4) broad categories of work in respect of risk of exposure: […]

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Can Employers Mandate Vaccines?

The rollout of the COVID vaccinations has raised the question of whether the vaccine will be mandatory. This is particularly important in employment where employers may demand that their employees receive the vaccine or face discipline/termination. Regulatory Position The Federal Attorney-General released a media statement outlining the Federal Government position on mandatory vaccines.[1] In summary the […]

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Member Spotlight – After dipping his toe into accounting, James Conomos was tempted away by the law

James Conomos has built up a successful boutique legal practice during the past 30 years, but early on he was destined for another career altogether. James has been practicing law – commercial litigation and insolvency – for more than 35 years and for much of that time he’s headed up his own firm, James Conomos […]

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James Conomos of James Conomos Lawyers participated in The Art of Deal Making: Using External Expertise Effectively

Foreword by Andrew Chilvers For ambitious companies eager to expand into overseas markets, often the conventional route of organic business development is simply not fast enough. The other option to invest in or buy a business outright is far quicker but often fraught with unforeseen dangers. And even the biggest, most experienced players can get […]

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James Conomos Lawyers Add New Practice Area Commercial Litigation to their IR Global Membership

James Conomos Lawyers, our exclusive Insolvency Member in Australia, are pleased to announce the addition of Commercial Litigation to their IR Global membership. This new position adds further strength to their membership and offers support for fellow members in the area. If you have a requirement in this area, please get in touch with Wiebke directly or […]

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James Conomos participates in the IR Global Insolvency Virtual Series – Insolvency & Restructuring: How the global pandemic changed the rules on insolvency

Foreward by Andrew Chilvers Insolvency and restructuring legislation changed radically in all jurisdictions in the wake of COVID-19. While governments have tried to delay the number of insolvencies in the short term, most experts agree that distressed businesses will start to fail significantly later this year and into 2021. For insolvency practitioners and lawyers alike, […]

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Insolvent trading moratorium extended to New Year

This morning the Federal Government announced it will continue to provide regulatory relief for businesses impacted by COVID-19 by extending temporary insolvency and bankruptcy protections until 31 December 2020. These measures, originally set to expire on September 30, include: Bankruptcy changes Increase in the minimum debt threshold for a creditor-initiated bankruptcy procedure from $5,000 – $20,000; The […]

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Are beneficiary’s always entitled to access trust documents?

Trust documents are commonly understood to include ‘those which evidence or record the nature, value and condition of trust assets.’ Relevantly, trust documents have been distinguished from those which are merely prepared by the trustee for their own purposes, with Hartigan Nominees deeming that documents which disclose deliberations about how the trustee should exercise their discretionary powers, […]

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James Conomos participates in the IR Global Guide – Crisis Management: Surviving and thriving in a post-pandemic world

Foreward by Andrew Chilvers Businesses across the world are undergoing the biggest remote working experiment since Europeans first sailed from their home ports to set up trading posts in Asia 500 years ago. This time around, however, companies are moving colleagues out of their plush city centre locations to set up offices at home. What […]

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Federal Court rules ‘casual’​ worker entitled to paid leave

The Federal Court of Australia recently handed down a significant decision in the matter of WorkPac Pty Ltd v Rossato [2020] FCAFC 84, redefining Australia’s employment law landscape. Mr Rossato was employed by WorkPac between July 2014 and April 2018. During this time, he supplied labour to companies within the Glencore Group under six consecutive contracts, all of which […]

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