As from 1 January 2021, distressed companies may resort to a process known as restructuring leading to a formal restructuring plan binding upon all creditors. It is a no-frills and simplified version of a DOCA (deed of company arrangement) process. It does however leave secured creditors exposed for a small window of time from the appointment of a restructuring practitioner to immediately before a restructuring plan is approved by creditors.

During this restructuring period:

Sleiman v Gadalla Pty Ltd (NSWSC 2021)

Key Takeaways

The NSWSC has ruled that the Medical Assessment Certificate (MAC) issued by a Medical Appeal Panel (MAP) cannot be appealed to another MAP.

Brief Facts

Key Takeaways

The Personal Injury Commission Act 2020 (PICA) will commence on 1 March 2021.

Key Takeaways

With effect from 1 January 2021, the Insurance Contracts Act 1984 (Cth) (ICA) was amended by the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (Cth).

Following Commissioner Hayne’s recommendation 4.5, the existing Duty of Disclosure under s21A and s21B of the ICA has been replaced with the duty on an insured ‘to take reasonable care not to make a misrepresentation’.

Re Azmac Pty Ltd (in liq) (No 2) (NSWSC 2020)
The Oak Hotel Cessnock Pty Ltd (in liq) v Deputy Commissioner of Taxation (NSWSC 2020)
Dawson as liquidator of J R Line and Safety Services Pty Ltd (in liq) v Alam (NSWSC 2020)

Key Takeaways

LEGISLATIVE DEVELOPMENTS

A new beginning: The Personal Injury Commission commences 1 March 2021

RECENT DECISIONS

No liability for employer of security guard injured at third party’s premises
Hubbard v CPB Contractors Pty Ltd (NSWSC 2020)

Secretary, Department of Communities and Justice v Galea (NSWWCCPD 2021)

Key Takeaways

Deputy President Michael Snell determined an application made by the Department of Communities and Justice to extend time to bring appeal. That application was refused on the basis that the appeal did not have reasonable prospects of success.