What happens when JobKeeper Ends?

Loren Web of Dynamic Business interviews Ian Neil SC who provides his insight and advice for employers for navigating the uncertain times ahead with coming out of JobKeeper, including having difficult conversations with employees and establishing good practices for Health & Safety.

The article can found through Ian Neil’s website: https://www.ianneil.com.

Queensland Nickel Refinery insolvency dispute

Six St James Hall Senior Counsel Dr Christopher Ward SC has successfully defended Clive Palmer’s flagship company Mineralogy Pty Ltd in the mammoth Queensland Nickel Refinery insolvency dispute.  The Queensland Supreme Court dismissed the claims of liquidators seeking to recover very substantial sums. Dr Ward led a team of counsel throughout the hearings between April and October 2019.

The matter was mentioned in the Australian Financial Review.

Guide to the JobKeeper Scheme

Ian Neil SC, with David Chin SC and Christopher Parkin, has written a 'Guide to the JobKeeper Scheme'. You can download the guide on this page.

Ian, David, and Christopher will be presenting a webinar the week beginning 20 April 2020 under the auspices of the Australian Labour Law Association in which they will answer questions about the scheme. Details of the webinar will be published on Ian Neil SC's website.

Glenfyne International Holding Limited v Glenfyne Farms International AU Pty Ltd (in liq)

In Glenfyne International Holding Limited v Glenfyne Farms International AU Pty Ltd (in liq) [2019] NSWCA 304, the New South Wales Court of Appeal set aside orders of the primary judge and ordered that a proposed resolution to appoint alternative liquidators be taken to have been passed pursuant to 75-43 of the Insolvency Practice Schedule. David Rayment appeared for the appellants.

From the NSW Court of Appeal:

CORPORATIONS – Insolvency – second meeting of creditors resolves to place company into liquidation – substantial creditors’ motion for appointment of liquidator fails – former administrator as person presiding at meeting exercises casting vote against resolution – proper characterisation of resolution – whether or not resolution to appoint liquidator was a resolution to remove an external administrator within the meaning of s 75-115 of Insolvency Practice Rules – whether Court should have ordered that proposed resolution to appoint liquidators should have been taken to have been passed at meeting within meaning of s 75-43(4)(a) of the Insolvency Practice Schedule – relevant considerations.

Fundraiser to Support Women’s and Girls’ Emergency Centre

This Saturday, 30 November 2019, David Rayment will be competing in the Head of the Yarra rowing regatta in Melbourne in a coxed eight. He and a number of members in his crew from Leichhardt Rowing Club are using this event to raise funds for the Sydney based Women's and Girls' Emergency Centre (WAGEC). 

WAGEC is a non-government, not-for-profit charitable organisation that delivers a range of crisis and early intervention accommodation and support services to women, children and young people, and families who are experiencing or at risk of homelessness and/or domestic and family violence. More details on what the Centre does can be found here.

The crew has now raised over $13,000 prompting the CEO of WAGEC to post this video.

To donate please visit David’s “Every Day Hero” page for this event.

Every Day Hero takes a percentage of every donation. If you wish to avoid that from happening, you can always donate to the charity directly by going to the WAGEC webpage.

Donations of any amount are welcome, and all donations over $2 are tax deductible.

Please spread the word by clicking the “share” button below with anyone you think might be willing to support the centre.

The Head of the Yarra is a gruelling 8km time-trial regatta for coxed eights. The course winds from within the heart of Melbourne to the Hawthorn Rowing Club navigating through 11 bridges and some serious hairpin turns. Current entries suggest approximately 2,500 athletes are participating. More information on the event can be found here

The 8km regatta course is below.

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2020 CPD Regional Conference Series

Robert Angyal SC has been invited by the NSW Bar Association to present at the 2020 CPD Regional Conference Series. Robert will be presenting at Ballina on 29 February 2020 and Sydney on 21 March 2020, both presentations will be on mediation Advocacy. Robert has been listed in Who’s Who Legal 2019 Australia as one of 23 exceptional mediators and ranked in Doyles Guide as one of NSW’s 2019 leading mediators.

Please click here for further information about the 2020 CPD Regional Conferences Series.

Doyle's Guide - Leading Mediators NSW 2019

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Doyle’s Guide has listed Robert Angyal SC as one of New South Wales’ leading mediators.

Robert Angyal has been mediating since 1991. He has a vast experience in mediating commercial disputes of all types, including partnership disputes, Insurance claims, lessor-lessee disputes, intellectual property claims, banking disputes, trade practices claims and professional negligence actions.

A successful result for Yoshe Taylor

6 St James Hall Senior Counsel Dr Christopher Ward SC has worked for some years for Australian Yoshe Taylor.  Ms Taylor was sentenced by a Cambodian Court to 23 years imprisonment on drug trafficking charges arising from a complex scam.  After a successful appeal in 2018 to Cambodia’s highest Court, Ms Taylor was finally acquitted of all charges on her re-trial in April 2019.  After serving 6 years of that sentence in extremely difficult conditions, Ms Taylor returned today to Australia.  Dr Ward thanks all of the members of the legal team, and particularly Alex Wilson of Lethbridges Solicitors, and Cambodian Counsel Mr So Mosseny. Dr Ward and Ms Wilson worked on the matter pro bono.

Further details can be found in the Sydney Morning Herald and the ABC News.

Dr Ward SC represents Palmer Leisure Coolum Pty Ltd in the Supreme Court in Brisbane

Dr Christopher Ward SC represents Palmer Leisure Coolum Pty Ltd in a matter about an alleged abuse of process leading to a stay of proceedings that are brought against the company and Mr Clive Palmer based upon the takeovers provisions under the Corporations Act.

The matter is mentioned in the Brisbane Times.

Chambers and Partners - Rankings for Employment Bar 2019

Ian Neil SC and Michael Seck have been ranked in the Chambers and Partners Employment Bar 2019 throughout Australia and Asia-Pacific.

Ian Neil advises and appears for leading law firms throughout Australia for clients in mining and resources, building and construction, banking and finance, industry, and government. A focus of Ian’s practice is employment and industrial law.

Michael Seck advises and appears for major Australian employers in the public and private sector, workplace regulators, employer/industry associations, senior executives and trade unions.

Second Appearance of Witness K Case before the ACT Magistrates Court

Dr Christopher Ward SC represented lawyer Bernard Collaery for the second appearance of the Witness K case on Wednesday, 7 November before the ACT Magistrates Court. 

Proceedings centred around the possibility of holding the trial in a closed court. 

More details can be found in articles from the Washington PostThe Canberra Times and The Australian.

LegalWise Seminar - Family Law Conference on 22 November 2018

Michelle McMahon and Madeleine Bridgett will be presenting at the Legalwise Seminar - Family Law Conference on 22 Nov 2018.

Michelle McMahon is presenting on emerging family law issues in the LGBTIQ community and Madeleine Bridgett will be presenting on substance abuse in parenting matters.

Please click here for more information on the conference and how to register. 

Inquest of the death of Melissa Standen

The NSW State Coroner delivered findings into the Inquest of the death of Melissa Standen on 25 September 2018. Madeleine Bridgett represented Mr Bruce Standen, Melissa’s father. The Coroner found that the manner of death was a fall from a bed at Allowah Hospital due to failures to implement proper systems for risk assessment, bed selection and the training of staff for a child patient with profound disabilities.

The Coroner found that the following factors contributed to Melissa falling from the bed and her subsequent death: failure by the hospital to develop and implement an appropriate risk assessment and admission procedure; failure to implement a proper risk assessment to manage Melissa’s change from a cot to a bed; the selection and use of a bed totally unsuited to the needs of Melissa; failure to properly adapt the bed selected to reduce risk given Melissa’s special needs and the inappropriate use of bumpers as a fall prevention device; failure to ensure important clinical information was retained regarding the adaption of the bed to ensure staff were fully informed of the specific needs of Melissa whilst a patient at the facility; inadequate training of staff and the lack of a proper process to respond to concerns by staff; the lack of involvement by the hospital of occupational therapists in the selection and use of appropriate beds for children with profound disabilities; and poor management practices relating to the development of internal policies and the training of staff regarding the admission and assessment of patients. 

The Coroner also made recommendations to the Minister of Health to establish a group of appropriately qualified experts, in consultation with organisations that represent or care for children with physical and neurological disabilities, to develop a standard, guideline or other type of publication, which is directed to improving the safety of beds used by children with physical and/or neurological disabilities. 

You can read the findings here and related media article here