Irrevocable power of attorney A person who accepts appointment[1] as attorney of the donor under an irrevocable power which the donor has granted by instrument is authorised to represent the donor.[2] Therefore the donee is usually presumed to be authorised to do what the donor can do.[3] The mere fact that a statute grants a […]

Key takeaway set off In Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Ltd [2021] FCAFC 228 the Full Federal Court (Allsop CJ, Middleton J agreeing at [220], Derrington J agreeing at [221]) held that a creditor who receives an unfair preference has no right to set off its […]

Social media posts by third parties On 8 September 2021, in Fairfax Media Publications Pty Ltd v Dylan Voller; Nationwide News Pty Ltd v Dylan Voller; Australian News Channel Pty Ltd v Dylan Voller [2021] HCA 27, the majority of the High Court (HCA) affirmed the decision of the NSW Court of Appeal (NSWCA). The […]

Introduction – public examination In Walton v ACN 004 410 833 Ltd (formerly Arrium Ltd) (in liq)[1] a High Court majority held that there is no abuse of process where an ‘eligible applicant’ obtains a summons for a public examination to examine an officer of a company in external administration about the company’s examinable affairs […]

Background – casual employee On 4 August 2021, the High Court (HCA) gave its judgment in the case of WorkPac v Rossato & Ors [2021] HCA 23 (WorkPac v Rossato) regarding casual employees. The HCA affirmed the commonly understood definition of casual employment and gave primacy to the terms of the employment contract. In 2018, […]