Federal Court says it is Reasonably Arguable that the ATO Owes Taxpayers a Duty of Care at Common Law

Farah Custodians Pty Limited v Commissioner of Taxation (No 2) [2019] FCA 1076 In this matter, Farah Custodians Pty Limited sought leave to amend its pleadings in its claim against the Commissioner of Taxation to include claims in negligence arising from the Commissioner’s payment of tax refunds owed to Farah into a fraudulent account. The … Read more

Legislation Update: The Bankruptcy Amendment Bill 2017

The Bankruptcy Amendment (Enterprise Incentives) Bill 2017 has now lapsed The controversial Bankruptcy Amendment (Enterprise Incentives) Bill 2017 officially lapsed on 1 July 2019 and as such will no longer be proceeding. If the Bill was passed, it would have had the effect of amending the Bankruptcy Act 1966 so that the default period of … Read more

How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules

Ensuring that you can rely on a Payment Claim or a Payment Schedule to invoke or resist the considerable force of the Building and Construction Industry Security of Payment Act 1999 (NSW) to recover payment or resist the obligation to pay is critical for any business in the building and construction industry. In this article … Read more