For any business owner, facing significant financial difficulty is one of the most stressful challenges imaginable. The pressure from creditors, the concern for your employees, and the uncertainty of the future can be overwhelming. However, it's crucial to remember that Australian law provides structured pathways to manage these situations. Making a proactive, informed decision is not an admission of failure, it is an act of responsible leadership. This guide will outline three key options available to companies in distress: Voluntary Administration, Receivership, and Liquidation. 1. Voluntary Administration: A Chance to Restructure and Survive Think of Voluntary Administration (VA) as a breathing room. It’s a process designed to give a financially troubled company the best possible chance of continuing to exist, or if that’s not possible, to provide a better return for creditors than an immediate liquidation would. What is it? The directors of a company determine it is insolvent or likely to become insolvent, and they appoint an independent, registered liquidator as an Administrator. This places a moratorium (or freeze) on most creditor claims, giving the company vital space to figure out its next move. What is the goal? The Administrator takes full control of the company to investigate its financial affairs. They then form an opinion on the three possible outcomes for the business: Return the company to the control of the directors. Approve a Deed of Company Arrangement (DOCA) – a binding agreement between the company and its creditors to settle its debts and continue trading. Wind the company up via Liquidation. Best for: Businesses that are fundamentally viable but are struggling with cash flow or debt. It provides a genuine opportunity to restructure, renegotiate with creditors, and emerge stronger. 2. Receivership: The Secured Creditor Takes Control Receivership is not typically a choice made by the business itself. Instead, it is initiated by a major secured creditor (like a bank) that holds security over some or all of the company's assets. What is it? A secured creditor appoints a "Receiver" to take control of the specific assets they have security over. The Receiver's primary duty is to the creditor that appointed them. What is the goal? The Receiver's main objective is to sell the secured assets to recover the money owed to their appointing creditor. Their focus is not on saving the company as a whole, but on satisfying the debt of one specific, powerful creditor. Key takeaway: If your business has significant loans secured by assets like property or equipment, receivership is a real possibility if you default. The directors' control over those assets is lost. 3. Liquidation: The End of the Company's Life Liquidation, also known as "winding up," is the formal process of bringing a company's existence to a close. It is the final stage when restructuring or recovery is not possible. What is it? A Liquidator is appointed to take control of the company's affairs. Their job is to identify and sell all company assets, use the proceeds to pay creditors in a specific order of priority defined by law, and officially deregister the company. What is the goal? The primary goal is to ensure an orderly and fair distribution of the company's remaining assets to its creditors. Any surplus funds, in the rare event they exist, are distributed to the shareholders. For the company itself, this is the end of the road. Key takeaway: This is the terminal option. It is initiated either by a court order, by creditors, or voluntarily by the company's directors and shareholders when they know the business cannot pay its debts. Why Early, Expert Advice is Your Most Valuable Asset Navigating the complexities of the Corporations Act 2001 is not something any director should do alone. The risks of trading while insolvent are severe and can expose you to personal liability. Engaging with legal and financial experts at the first sign of trouble is the most strategic step you can take. An experienced insolvency lawyer can act as your partner, helping you understand your duties, protect your personal position, and identify the best pathway for your unique situation. We can help you negotiate with creditors, correspond with administrators, and ensure every decision is made to secure the best possible outcome. Don't wait until the choice is made for you. Take control of the situation. If your business is facing financial uncertainty, contact our Commercial Advisory team for a confidential, no-obligation discussion about your options.

As family lawyer’s, we understand that legal fees can be a significant concern for individuals navigating the family law system. This often leads to the question of whether self-representation is a viable option. While it's certainly possible to represent yourself in family law matters, it's crucial to weigh the potential risks and benefits carefully before making this decision. Self-representation can save you on legal fees, but it also comes with significant challenges. Family law is a complex area with its own rules, procedures, and legal principles. Navigating this system without legal training can be overwhelming and increase the risk of errors or missed opportunities. Self-represented litigants may expose themselves to disadvantages when dealing with experienced lawyers representing the other party. They may not have the same level of legal knowledge, advocacy skills, or ability to gather and present evidence effectively. This can lead to unfair outcomes and a sense of powerlessness in the legal process. Additionally, self-representation can be emotionally draining, especially in cases involving high conflict or sensitive issues. The stress of managing the legal process alone, while also dealing with the emotional turmoil of a relationship breakdown, can take a toll on your mental health and well-being. While self-representation may be suitable for simple, uncontested matters, we generally advise clients to seek legal advice, even if it's just for an initial consultation. A lawyer can provide you with an objective assessment of your situation, explain your rights and obligations, and guide you through the legal process. They can also advocate for your interests, negotiate on your behalf, and represent you in court if necessary.  Remember, the family law system is designed to be accessible to everyone, regardless of their legal knowledge or financial resources. By seeking legal advice and support, you can ensure your rights are protected and achieve a fair and just outcome in your family law matter.

The intersection between sport, mental health, and the law is once again in the spotlight with the case of harness racing driver Ben Sarina, who is challenging a decision that has barred him from the industry. Sarina, a lifelong driver, has battled significant mental health difficulties after being permanently warned off by Harness Racing NSW (HRNSW) following the infamous “green light scandal.” His case is now before the NSW Supreme Court, where he is appealing the decision. A Career on the Line Sarina was found guilty of falsifying records and was ordered to serve 12 months of community service. However, HRNSW imposed an additional penalty: a permanent warning-off notice, effectively ending his racing career. While the Honourable Justice Bellew previously ruled that penalties should be proportionate, the broader legal issue now before the Tribunal is whether a regulator can impose indefinite sanctions that exceed the bounds of criminal or civil penalties. Sarina, who has been around horses since childhood, has expressed that racing is his life and livelihood: “I would love to have my warning off lifted. I really struggle day to day because I don’t know anything else. I haven’t got a trade. I’m horse mad. I’ve been around horses since I was in nappies.” Legal and Regulatory Questions The case raises important questions about procedural fairness and the scope of authority regulators can exercise over individuals’ livelihoods. Can a regulator impose sanctions that go beyond a court-imposed sentence? How should penalties balance deterrence with rehabilitation? What safeguards exist for participants when lifelong bans are imposed? These questions are not just relevant to the harness racing industry—they highlight broader issues faced by professionals in regulated sectors where governing bodies wield significant power. The Human Element The legal issues are complex, but at their heart lies the human impact. Sarina has spoken openly about the toll on his mental health, describing how the ban has left him without purpose and struggling to provide for his family. Cases like this underline the importance of ensuring that disciplinary action by regulators is fair, proportionate, and consistent with broader principles of justice. The Outcome Peter Morris, Special Counsel at Hammond Nguyen Turnbull raised critical questions about: The Scope of power under statute. The Scope of the rules of racing. The application of the rules to a person not participating in harness racing. Mr Morris was able to successfully argue that Harness Racing New South Wales acted outside their power and that the warning off imposed by HRNSW be removed from his record, highlight that HRNSW can only penalise those participating in the sport. Looking Ahead If the matter is appealed to the Supreme Court, its decision will not only determine Sarina’s future but may also shape how regulatory bodies in sport and beyond apply their disciplinary powers in years to come. At Hammond Nguyen Turnbull, we regularly assist clients navigating disputes with regulators and governing bodies. Whether in sport, employment, or commercial dealings, we advocate for fairness, proportionality, and the protection of rights.

In today's digital world, data isn't just data; it's the currency of trust between you and your customers. How you handle personal information can make or break your reputation. But beyond just good practice, Australian law has specific rules about privacy and data breaches that can carry serious penalties if ignored. So, how do you know if your business needs a privacy policy and a plan for when things go wrong? Let's break it down in plain English. The Law of the Land: The Privacy Act and the APPs The main piece of legislation governing privacy in Australia is the Privacy Act 1988 . This Act includes the Australian Privacy Principles (APPs) , which are the 13 golden rules for handling "personal information." What's personal information ? It's any information that can be used to identify a person. Think names, addresses, phone numbers, email addresses, bank details, photos, and even online identifiers like IP addresses. The APPs set out your obligations for things like: How you collect and store personal information. Why you're allowed to use or share it. Keeping the information secure. Letting people access and correct their information. These principles aren't just suggestions; they are legally binding for businesses covered by the Act. Who Exactly Needs to Comply? This is the crucial question. The Privacy Act applies to entities known as 'APP entities'. While this sounds like legal jargon, the definition is quite clear. Your business must comply with the Privacy Act (and therefore needs a privacy policy) if it has an annual turnover of more than $3 million . However, many smaller businesses are surprised to learn they aren't exempt. Your business is also required to comply , regardless of its turnover, if it: ✅ Provides a health service (e.g., medical centres, gyms, psychologists, physiotherapists). ✅ Buys or sells personal information as part of its business model (e.g., trading in mailing lists). ✅ Is a credit reporting body . ✅ Is a contracted service provider for a Commonwealth government contract. ✅ Is related to a larger business that is covered by the Act. ✅ Has chosen to "opt-in" to be covered by the Act. As you can see, the net is wider than most people think. A huge number of small and medium-sized businesses, especially in the health and data-driven sectors, fall under these rules. What Happens if There’s a Data Breach? The Notifiable Data Breaches (NDB) Scheme For every business covered by the Privacy Act , the stakes were raised significantly with the introduction of the Notifiable Data Breaches (NDB) scheme . This scheme mandates that if your business experiences a data breach that is likely to result in serious harm to any of the individuals whose information is involved, you must act swiftly. A data breach occurs when personal information is lost or subjected to unauthorised access or disclosure. "Serious harm" can include physical, psychological, emotional, financial, or reputational harm. If such a breach occurs, you are legally required to notify: The affected individuals. The Office of the Australian Information Commissioner (OAIC). Failing to do so can result in significant financial penalties. This makes having a clear Data Breach Response Plan not just a good idea, but an essential part of your risk management strategy. Beyond Compliance: Why a Good Privacy Policy is Great for Business Even if the law doesn't strictly require you to have a privacy policy, having one is a smart business move. Here’s why: It Builds Customer Trust: In an age of data breaches, customers are more protective of their information than ever. A clear, transparent privacy policy shows that you are a professional and trustworthy business that takes its responsibilities seriously. It Manages Your Risk: The process of drafting a proper privacy policy forces you to critically examine how you handle data. This helps you identify and fix potential weaknesses in your processes before a costly data breach occurs. It's a Business Prerequisite: Many third-party platforms, like the Apple App Store or Google Play Store, require you to have a privacy policy. Similarly, potential business partners or investors will see it as a sign of a well-managed and legally sound operation. It Sets Clear Expectations: A policy clearly tells your customers what information you collect and why, preventing misunderstandings and disputes down the line. Best Practices for Handling Personal Information A policy document is only as good as the practices behind it. To truly protect your business and your customers, embed these best practices into your daily operations: Collect Only What You Need (Data Minimisation): Don't ask for a customer's date of birth if you only need their email for a newsletter. The less data you hold, the lower your risk. Use It Only for Its Intended Purpose: If you collected an email for shipping notifications, don't automatically add it to your marketing list without consent. Prioritise Security: Implement reasonable security measures. This includes using strong passwords, enabling two-factor authentication, restricting staff access to data, and ensuring physical files are secure. Train Your Team: Your staff are your first line of defence.13 Ensure they understand your privacy policy and the importance of data security. Don't Keep Data Forever: When you no longer have a valid legal or business reason to keep personal information, securely destroy or de-identify it. Have a Response Plan: Know exactly what steps to take if a data breach occurs. Who is in charge? How will you assess the harm? Who do you need to notify? What Should a Privacy Policy Include? Under the APPs, a compliant privacy policy must be easy to understand and should clearly explain: The types of personal information you collect and hold. How you collect and store that information (e.g., through a website form, in a secure database). The purposes for which you use and disclose the information. How individuals can access and correct their information. How someone can make a complaint if they believe you've breached their privacy, and how you'll handle it. If you're likely to disclose information to overseas recipients and, if so, in which countries. A generic template you copied from the internet probably won't cut it. Your policy must accurately reflect the actual data practices of your specific business . A mismatched policy isn't just non-compliant; it can create legal liabilities by making promises you don't keep. Don't Leave Your Business Exposed Navigating privacy law and the threat of data breaches can be complex, but getting it right is fundamental to protecting your business and building lasting relationships with your customers. A tailored, legally sound privacy policy and a clear data breach response plan are your most important lines of defence.  If you're unsure about your obligations or need a privacy policy that's built specifically for your business operations, we can help. Contact our team of expert commercial lawyers today for a consultation and ensure your business is protected.

Preparation is key to a successful family law case. As family lawyers, we emphasise to our clients the importance of gathering relevant evidence and documentation to support their claims and build a strong case. This proactive approach can streamline the legal process, save time and money, and increase the chances of a favorable outcome. Start by organising your financial documents . This includes bank statements, tax returns, payslips, superannuation statements, and any other documents that show your income, assets, and debts. If you're involved in a property settlement, gather documents related to real estate, vehicles, businesses, and other assets. Next, collect evidence of your contributions to the relationship and your future needs . This may include documents showing your contributions to the household, caregiving responsibilities, and any factors that may affect your ability to support yourself or your children in the future. If there are issues of family violence or child abuse , gather any evidence that supports your claims, such as medical reports, police reports, or witness statements. Communication records can also be valuable evidence. This includes emails, text messages, and social media posts that may be relevant to your case. However, it's important to obtain these records legally and ethically. Remember, the sooner you start gathering evidence, the better . As time passes, documents may be lost or destroyed, and memories may fade. By being organised and proactive, you can build a strong case and present your best possible arguments in court.

From 1 October 2025, the Federal Government will expand the First Home Buyers Guarantee (FHBG) in a way that is expected to reshape the pathway into home ownership for thousands of Australians. These reforms are particularly significant for prospective buyers in New South Wales, where property prices often place ownership out of reach. Below we set out what has changed, why it matters, and an example of how the Guarantee can work in practice. What Has Changed? The FHBG has been part of the national Home Guarantee Scheme, designed to help first-time buyers purchase with a smaller deposit. Until now, eligibility was restricted by income limits and a capped number of places each year. The new legislation makes several important changes: Universal access – no more income caps and no limits on the number of applicants. Reduced deposit requirement – buyers need only a 5% deposit, with the Commonwealth guaranteeing up to 15% of the loan. No Lenders Mortgage Insurance (LMI) – banks are willing to lend up to 95% without LMI because of the government guarantee. Higher property price caps in NSW: Sydney and regional centres: increased from $900,000 to $1,500,000 Other NSW areas: increased from $750,000 to $800,000 Benefits for Buyers These reforms open the door for more people to purchase their first home, and to do so sooner. Faster entry into the market – Saving a 20% deposit can take many years. With a 5% deposit, buyers can enter the market much earlier. Significant cost savings – LMI is no longer payable, which can save buyers tens of thousands of dollars. Access to more properties – Higher price caps mean the Guarantee now applies to homes in more realistic price ranges for NSW. Greater inclusivity – By removing income thresholds and caps on places, the scheme is available to a much broader group of buyers, including those in high-cost markets such as Sydney. Example: How It Works Scenario: Property price: $1,200,000 (within Sydney price cap) Buyer’s deposit (5%): $60,000 Government guarantee (15%): $180,000 Loan amount: $1,140,000 (95% of purchase price) LMI payable: $0 Without the Guarantee, the buyer would ordinarily need a deposit of $240,000 to avoid LMI. Under the new FHBG, the buyer can purchase with just $60,000 upfront – saving both time and money. What Clients Should Keep in Mind While the changes are very positive for first-time buyers, there are also broader considerations: Some economists warn the reforms could increase property prices if supply does not keep up with demand. The Guarantee does not replace normal lending criteria – buyers will still need to meet bank affordability and serviceability requirements. The FHBG can be combined with NSW state schemes such as the First Home Owner Grant or stamp duty concessions, maximising benefits. Key Takeaway The expanded First Home Buyers Guarantee represents a major opportunity for first-time purchasers in NSW. By lowering the deposit hurdle and removing LMI costs, it makes property ownership more achievable in a challenging market. For clients, this is the ideal time to seek advice on how the FHBG works alongside other government incentives, lending arrangements, and the legal aspects of purchasing a property.

The world is abuzz with the joyous news of Taylor Swift and Travis Kelce's engagement! As we celebrate their union, this high-profile engagement serves as a timely reminder for all couples, regardless of their celebrity status, about the importance of proactive financial planning and asset protection. What is a Binding Financial Agreement? A Binding Financial Agreement (BFA), often referred to as a prenuptial agreement (or "prenup"), is a legally binding contract made by two people who are in a de facto relationship, contemplating marriage, or already married. It outlines how assets, liabilities, and financial resources will be divided in the event of a separation or divorce. While some may view BFAs negatively, they are, in fact, a sensible and strategic tool for financial clarity and peace of mind. Why Consider a BFA? Asset Protection: For individuals who bring significant assets into a relationship, such as inheritances, businesses, or properties, a BFA can protect these assets from being divided in ways they didn't intend. Debt Protection: BFAs can also clarify how existing debts, or debts incurred during the relationship, will be managed, safeguarding one partner from the other's financial liabilities. Clarity and Certainty: It provides a clear framework for financial matters, reducing potential disputes and emotional stress should the relationship end. Estate Planning: A BFA can complement your estate planning, ensuring that your wishes for your assets are respected even after marriage. Future Business Ventures: For entrepreneurs, a BFA can protect business interests and ensure continuity, regardless of marital status. Beyond the Headlines: A Universal Need While the Taylor Swift and Travis Kelce engagement highlights the need for BFAs among high-net-worth individuals, the principles of asset protection apply to everyone. Marriage is a significant legal and financial commitment. Taking the time to discuss and formalize financial arrangements can strengthen a relationship by fostering open communication and mutual understanding. How Hammond Nguyen Turnbull Can Help At Hammond Nguyen Turnbull, our experienced family law team understands the sensitive nature of financial agreements. We provide compassionate, confidential, and expert legal advice to help you:  Understand the implications of a BFA for your specific circumstances. Draft a comprehensive and legally sound agreement that reflects your intentions. Negotiate terms fairly and respectfully with your partner. Ensure compliance with all legal requirements. Just as Taylor and Travis are building a life together, you too can build a secure financial future. Contact Hammond Nguyen Turnbull today to discuss how a Binding Financial Agreement can provide you with confidence and peace of mind.

It’s a common and dangerous misconception: that because Australian corporations with 10 or more employees cannot sue for defamation, they are powerless against false statements that damage their reputation and bottom line. As of August 2025, in an era of instant digital outrage, this belief leaves many businesses feeling exposed. The reality is far different. While the front door of defamation law may be closed, the law provides several powerful side doors for large corporations to protect their brand, revenue, and reputation. Understanding these alternative legal weapons is critical for any major Australian business. The Defamation Rule: A Quick Recap The law preventing large companies from suing for defamation was designed to foster public debate, ensuring powerful entities couldn't use their resources to silence critics. However, the law never intended to provide a free-for-all for anyone to publish damaging falsehoods without consequence. If your business is facing a reputational attack, here are the primary legal avenues you can and should consider. 1. Injurious Falsehood: The Business Reputation Tort Think of injurious falsehood (also known as malicious falsehood) as the business-focused cousin of defamation. It is specifically designed to compensate for economic loss suffered due to false statements made about a business. To succeed in an action for injurious falsehood, a business must prove four things: A False Statement: A false statement was made about the company’s goods, services, or business practices. Publication: The statement was published to a third party. Malice: The publisher acted with malice. This is the key difference from defamation. You must prove the person who made the statement knew it was false or was recklessly indifferent to the truth. Actual Damage: The false statement caused actual financial loss. This could be cancelled contracts, a measurable drop in sales, or costs incurred to mitigate the damage. While the requirement to prove malice and actual damage makes it a higher bar than defamation, it is a powerful tool against deliberate and malicious attacks. 2. Misleading or Deceptive Conduct: The ACL Powerhouse Section 18 of the Australian Consumer Law (ACL) is arguably the most potent and versatile weapon in a large corporation's arsenal. It states that a person must not, in trade or commerce , engage in conduct that is misleading or deceptive or is likely to mislead or deceive. How does this apply to reputational attacks? Competitor Statements: If a competitor makes false or misleading comparisons, or publishes false negative information about your products or services to gain a commercial advantage, this is a clear breach of the ACL. False Online Reviews for Commercial Gain: If a person or rival business creates fake negative reviews to harm your business and promote another, this falls squarely within "trade or commerce." Media & Bloggers: Even some media publications or influential bloggers who operate on a commercial basis could be captured if they publish misleading statements without proper verification. The remedies under the ACL are significant and include: Injunctions to immediately stop the conduct. Damages to compensate for any loss suffered. Orders for Corrective Advertising , forcing the offender to publicly retract their statements. 3. Protecting Your People: Individual Defamation Claims An attack on a business is often executed through an attack on its leaders. While your corporation may not be able to sue for defamation, its directors, CEO, or other executives can sue as individuals if they are identified and their personal and professional reputations are harmed. This can be a highly effective strategy. A false statement that a company is "corrupt" is also a statement that its directors are "corrupt," providing them with a direct path to file a defamation claim to protect their own reputations and, by extension, vindicate the business. A Proactive Strategy is Your Best Defence Knowing your legal options is only half the battle. A large business must have a clear and immediate action plan: Document Meticulously: Preserve all evidence of the false statements. Screenshot websites, social media posts, and online reviews. Note the date, time, and URL. Quantify the Damage: Immediately begin tracking financial impact. Collate data on sales drops, customer enquiries mentioning the false statement, and lost contracts. This is vital evidence for any claim. Issue a Precise Cease and Desist Letter: Instead of a defamation "Concerns Notice," your lawyers will draft a robust Cease and Desist letter. This notice will allege breaches of the Australian Consumer Law and/or injurious falsehood, demand a retraction, and put the publisher on notice of a potential claim for damages. Leverage Platform Power: Report the false statements to the host platforms (Google, Meta, X, etc.), citing breaches of their terms of service and potentially the ACL. Medium to large businesses are not defenceless. By understanding the powerful legal tools available beyond defamation, you can effectively fight back against false and damaging statements, protecting your brand, your employees, and your bottom line.  If your corporation is the subject of a reputational attack, it is crucial to seek expert legal advice immediately. Contact us to discuss a strategic response to protect your commercial interests.

Same-sex couples in Australia have the same rights and obligations under family law as heterosexual couples, including the right to marry and divorce. As family lawyers, we assist same-sex couples in navigating the legal landscape of divorce, ensuring they understand the process and their entitlements. The grounds for divorce are the same for same-sex couples as they are for heterosexual couples: the irretrievable breakdown of the marriage, evidenced by a 12-month separation period. The process for filing for divorce and obtaining a divorce order is also the same. However, there may be some unique considerations for same-sex couples, particularly those who were in a de facto relationship before same-sex marriage was legalised in Australia. Property and financial matters may need to be addressed for the period of the de facto relationship as well as the marriage. As family lawyers, we provide tailored advice to same-sex couples, taking into account their specific circumstances and needs. We guide them through the divorce process, assist with property and financial matters, and advocate for their rights in court if necessary. The legalisation of same-sex marriage in Australia was a significant step forward for equality. We’re proud to play a role in supporting same-sex couples through the legal process of divorce, ensuring they are treated with dignity and respect and receive a fair and just outcome.