What happens to Superannuation in bankruptcy

If someone is in financial strife, one option is to declare bankruptcy.  But what happens to their superannuation (super)? The Bankruptcy Act 1966 defines super as a ‘on-divisible asset’ – in other words, it’s protected from creditors.  Therefore, once someone has...

Landmark Decision Puts Employees First in Insolvency

A recent High Court judgement has helped resolve uncertainty around the treatment of employees in the insolvency and winding up of trading trusts. In June this year, the High Court of Australia dismissed an appeal in Carter Holt Woodproducts Australia Pty Ltd v The...

Is an Employee Entitled to 6 Months Leave?

An employee of one of our clients wants to use a combination of accrued annual leave and long service leave entitlements to take 6 months leave. The question asked of us was whether our client’s business is legally obliged to accept the employee’s request for extended...