High Court Confirms: No Statutory Set-Off Against Unfair Preference Recoveries
In Metal Manufactures Pty Ltd v Morton [2023] HCA 1, the High Court has confirmed that statutory set-off under s 553C cannot be used to reduce unfair preference recoveries.
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How McCarthy Durie Lawyers Is Approaching AI — Securely, Responsibly, and for Your Benefit
Artificial intelligence has become one of the defining topics of our time, transforming industries and reshaping how businesses operate. As your trusted legal advisors, we want to share how McCarthy Durie Lawyers is navigating this evolving landscape
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Director Penalty Notices: What Company Directors Need to Know in 2025
In 2025, the Australian Taxation Office (ATO) has significantly increased its enforcement of Director Penalty Notices (DPNs), a tool that holds company directors personally liable for certain unpaid company tax debts. This heightened activity undersc
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Day One of Queensland’s New Seller Disclosure Regime — Off to a Strong Start
Day One of Queensland’s New Seller Disclosure Regime — Off to a Strong Start Today marked the first full day under Queensland’s new Seller Disclosure regime — and despite the significant changes, business at McCarthy Durie Lawyers has not skipped a
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Queensland’s New Seller Disclosure Laws Are Here – Is Your Sale at Risk?
From 1 August 2025, a new mandatory Seller Disclosure regime is now in effect across Queensland, introducing a significant shift in the way landowners must prepare for the sale of their property. The new regime, introduced under the Property Law Act
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A Timely Reminder to All Bodies Corporate to Obtain Proper Insurance
A recent Adjudication (Body Corporate for Mihi Grove, 27 February 2025) provides a compelling reminder that all Bodies Corporate must be aware of their insurance obligations. Background Mihi Grove is a 43 lot scheme in the Ipswich City Council (ICC
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Queensland Trusts Can Now Operate for 125 Years – What You Need to Know
Significant changes are coming to the law governing trusts in Queensland introduced by the new Property Law Act 2023 (Qld). What’s Changing? From 1 August 2025, the current perpetuity period (also commonly known as the vesting date) of 80 years for
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High Court Expands Scope for Damages in Termination Cases: Elisha v Vision Australia Ltd
A recent decision of the High Court of Australia has significantly reshaped the legal landscape concerning an employee’s entitlement to damages for psychiatric illness resulting from the manner of their dismissal. This development—set against the bro
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Major Employment Law Changes – Wage Theft, Penalties & Superannuation
Effective Dates: Wage Theft & Civil Penalties: 1 January 2025 Wage Theft & Civil Penalties: 1 January 2025 Superannuation Changes: 1 July 2025 and 1 July 2026 Superannuation Changes: 1 July 2025 and 1 July 2026 1. Criminalisation of Wage Theft
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ASIC Updates Guidance to Support Guidance to Support Directors in Preventing Insolvent Trading
by Drazen Kozaric On 6 December 2024, ASIC released an updated Regulatory Guide 217 (RG 217), providing revised clearer guidance for directors and advisers on preventing insolvent trading, including expanded advice on the safe harbour defence. Dire
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Help – I have a dispute with my builder!
Building or renovating your dream home? While this can be an exciting time, it can also be very stressful. There are several steps you can take in the early stages to help prevent trouble down the track, however, if you are already in dispute with yo
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What to look out for in a lease for a franchise business
Questions to ask yourself before you sign As a new franchise business owner, in most cases you’ll be operating your business from commercial premises – which in most cases means you’ll need to arrange a lease for your business.Naturally, every franc
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