Professor Helen Anderson

Who Pays When Set-off Trumps Security of Payment?

By Craig Ryan on July 17, 2020

Much more is at stake in enabling the effective operation of security of payment laws in the building and construction industry than just preventing contractors becoming insolvent. Employees, taxation authorities, suppliers and lenders – all rely on receiving their due payments from contractors, so the flow-on effect of building industry insolvencies is far reaching. “More ...more

Posted in Building and Construction Law Journal (BCL), Journals, News & Insight, Uncategorized | Tagged aged pension, building and construction industry, building and construction industry insolvencies, building industry insolvencies, business bankruptcies and insolvencies, claimants who are in liquidation, claims made under security of payment legislation, claims under security of payment laws, commercial dynamics, contractors becoming insolvent, contractual chains, COVID-19, deficiency of assets to pay creditors, delay payment, Dr Matthew Bell, employees, entitlement to set-off, external administration lodgements, Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd (2016) 313 FLR 163; (2017) 33 BCL 127; [2016] VSCA 247, Fair Entitlements Guarantee Act 2012 (Cth), freedom to contract, ills of non-payment in the construction industry, injustice, insolvent claimant company, liquidation, maintaining the right to set-off, prevention of insolvencies, prioritising set-offs, Professor Helen Anderson, prompt payment, risk of insolvencies, s 553C of the Corporations Act 2001 (Cth), security of payment claimants, Security of payment laws, State and Territory security of payment legislation, subcontractor insolvency, suppliers and lenders, taxation authorities, timely payment, unmet employee entitlements, unpaid superannuation, unpaid taxes and charges, upsurge in insolvencies | Leave a response

Dancing Behind the (Corporate) Veil

By Craig Ryan on April 24, 2019

“Corporate structures are a haven for those seeking to minimise payment of employee entitlements, and the mechanisms are diverse,” writes Professor Helen Anderson in the current issue of the Company and Securities Law Journal (Vol 36 Pt 7). In “Piercing the Corporate Veil to Reach the Money for Employees: Why, How and Where to Next?”, ...more

Posted in Company and Securities Law Journal (C&SLJ), Journals, News & Insight, Uncategorized | Tagged Combating Illegal Phoenixing Bill, corporate responsibilities, corporate structures, corporate veil piercing, employee entitlements, illegal phoenix activity, labour hire arrangements, labour hire licensing, major supermarket chain, non-payment of employee entitlements, Professor Helen Anderson, Protecting Vulnerable Workers Act, scandals, sham contracting, Strengthening Protections for Employee Entitlements Act, strict liability, supply chains, underpayment of employees | Leave a response

Company and Securities Law Journal update: June 2016

By Journal Alerts on June 17, 2016

The latest Part of the Company and Securities Law Journal includes the following articles: “Sunlight as the disinfectant for phoenix activity” – Helen Anderson; “Embracing Myanmar’s future: Reforming the 100-year-old Companies Act” – Dr Kath Hall, Dr Daw Than Nwe and Dr Khin Khin Oo; and “The controversy continues: The case for regulatory reform on members’ resolutions in Australia” – Ben Jacobsen and Howard Pender. This issue also includes the following sections: Company Law – Professor Robert Baxt AO: “The possible role of shadow directors in the collapse of Queensland Nickel Pty Ltd”; Takeovers and Public Securities – James Philips and Costas Condoleon: “Adjusting bid price for the value of franking credits in hostile bids”; Corporate Insolvency – Helen Anderson: “Labor’s policy to deal with phoenix activity affecting employees”; and Securities Industry and Managed Investments – Pamela Hanrahan: “Revisiting responsible entity directors’ liability to scheme members”.

Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged "100 shareholder" rule, ASIC Capability Review Panel, Australian Government Partnership for Development Project, bid price, C&SLJ, Company law, Corporate insolvency, Corporations Act 2001 (Cth), Editorial, franking credits, James Philips, Jonathan Farrer, minority shareholder resolutions, Myanmar reforms, phoenix activity, Professor Bob Baxt, Professor Helen Anderson, Professor Pamela Hanrahan, Professor Robert Baxt AO, Queensland Nickel Pty Ltd, responsible entity directors, scheme members, Securities industry and managed investments, shadow directors, Simon McKeon, Takeovers and public securities | Leave a response