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Articles by Andrew Vella
Insolvency Insights: Recent Appeal Case Considers DOCA Release Of Long-tail Payment Rights
Cooper Grace Ward are most popular: within Law Department Performance, Consumer Protection and Privacy topic(s) with Senior Company Executives, HR and Finance and Tax Executives with readers working within the Accounting & Consultancy, Transport and Law Firm industries A recent Full Court decision clarifies that future royalty claims can be released by deeds of company arrangement, with significance for businesses in the energy and resources sector and those operating on trailing payment terms.
Podcast: Coffee With CGW – Get To Know Andrew Vella
Scott Hay-Bartlem’s articles from Cooper Grace Ward are most popular: with Senior Company Executives, HR and Finance and Tax Executives in Australia with readers working within the Accounting & Consultancy, Automotive and Consumer Industries industries In this episode of 'Coffee with CGW', special counsel Andrew Vella from our litigation and dispute resolution team joins private client partner Scott Hay-Bartlem for a lively chat over coffee.
Insolvency Insights: Queensland Court Decision Highlights ‘Future Property’ Gap In PPSA Security Deed
Cooper Grace Ward are most popular: within Law Department Performance, Consumer Protection and Privacy topic(s) with Senior Company Executives, HR and Finance and Tax Executives in Australia with readers working within the Accounting & Consultancy, Consumer Industries and Media & Information industries A recent Supreme Court of Queensland decision has exposed a loophole concerning future property that could leave first-ranking secured creditors unprotected, even when comprehensive security...
What The MFSA’s CMP Guidance Means For EMIs, PSPs And Financial Institutions In Practice
Andrew Vella’s articles from BDO Malta are most popular: in European Union BDO Malta are most popular: within Government, Public Sector and Employment and HR topic(s) Recent guidance issued in relation to the Annual Compliance Report and the Compliance Monitoring Plan provides an important signal to financial institutions. The Authority is no longer reviewing the CMP as a routine compliance document.
Understanding Crypto Tokens: From Concept To Regulation
Andrew Vella’s articles from BDO Malta are most popular: in Asia in Asia in Asia BDO Malta are most popular: within Government, Public Sector and Employment and HR topic(s) The concept of tokens predates blockchain technology. A token is a unit that represents value, rights, or access to a product or service. Physical examples include gift cards, casino chips, and event tickets. Digital systems later adopted similar mechanisms for online platforms and payment environments.
Financial Institutions' Requirements In Regards To Business Risk Assessments
Andrew Vella’s articles from BDO Malta are most popular: in European Union in European Union BDO Malta are most popular: within Privacy topic(s) Financial institutions in Malta are entering the final stage of the annual regulatory cycle. In the coming months, subject persons must submit their updated Risk Evaluation Questionnaire, confirm their Subject Person Profile and present a complete Business Risk Assessment.
Focused Monitoring, Proportionate Supervision Under The FIAU AML/CFT Supervisory Plan 2025/2026
BD BDO Malta More Forming part of BDO’s Global Network, BDO Malta is a professional services and advisory firm, assisting companies in accelerating business growth through exceptional client service. Established in 1978, BDO Malta provide a wide portfolio of services including regulatory advisory, outsourcing, audit and assurance, tax & technology regulatory compliance to assist clients across different industries in growing their businesses efficiently.
Insolvency Insights: Related Party Loans And Unreasonable Director-related Transactions
A recent Federal Court decision has provided some useful insights on how related party loans will be considered in an insolvency context, particularly in relation to unreasonable director-related claims against directors and their relatives. For insolvency practitioners it also provides insight into how the assignment of claims might effectively be used to mitigate litigation risks. It is common for businesses to operate loan accounts with related entities, directors and their family members.
FIAU Publishes 2024 Annual Report: Focus Areas For Subject Persons
BD BDO Malta More Forming part of BDO’s Global Network, BDO Malta is a professional services and advisory firm, assisting companies in accelerating business growth through exceptional client service. Established in 1978, BDO Malta provide a wide portfolio of services including regulatory advisory, outsourcing, audit and assurance, tax & technology regulatory compliance to assist clients across different industries in growing their businesses efficiently.
FIAU Highlights The Importance Of Effective Corrective Actions In AML/CFT Enforcement
BD BDO Malta More Forming part of BDO’s Global Network, BDO Malta is a professional services and advisory firm, assisting companies in accelerating business growth through exceptional client service. Established in 1978, BDO Malta provide a wide portfolio of services including regulatory advisory, outsourcing, audit and assurance, tax & technology regulatory compliance to assist clients across different industries in growing their businesses efficiently.
CGW wins four Beaton Client Choice Awards for 2025
Cooper Grace Ward has been announced as the winner of four categories in the latest Beaton Client Choice Awards: Best Australian Law Firm, Best Professional Services Firm, Most Innovative Law & Related Services Firm, and Most Trusted Law & Related Services Firm. This is the second consecutive year the firm has been named Best Professional Services Firm and Best Australian Law Firm (revenue $30-100m), highlighting the consistency of the firm’s performance.
It depends - Can I safeguard our intergenerational family business from a family law claim?
In this edition of It depends, family partner Justine Woods discusses whether you can safeguard an intergenerational family business from a family law claim. Video Transcript Hello. Hello, everyone. I’m Justine Woods and I’m the family law partner at Cooper Grace Ward. And this is my little segment of, It depends. And it’s intended to tantalise you about what we’re going to be discussing in the family law component of the conference.
Regulatory investigations and legal professional privilege: key take aways from ASIC v Macleod
While there is not a one-size-fits-all approach to be taken to regulatory investigations, sometimes voluntarily providing information and documents to regulators can assist in obtaining better outcomes. However, legitimate concerns exist about whether legally privileged documents should be provided to regulators and, if so, whether voluntary disclosure agreements (or 'VDAs') can work to keep the documents privileged.
Regulatory investigations and legal professional privilege: key take aways from ASIC v Macleod
Introduction While there is not a one‑size‑fits‑all approach to be taken to regulatory investigations, sometimes voluntarily providing information and documents to regulators can assist in obtaining better outcomes. However, legitimate concerns exist about whether legally privileged documents should be provided to regulators and, if so, whether voluntary disclosure agreements (or ‘VDAs’) can work to keep the documents privileged.
Regulatory investigations and legal professional privilege: key take aways from ASIC v Macleod
A recent decision of the Full Court of the Federal Court considered whether legal professional privilege was maintained in legally privileged documents that were voluntarily disclosed to ASIC as part of a regulatory investigation. Introduction While there is not a one‑size‑fits‑all approach to be taken to regulatory investigations, sometimes voluntarily providing information and documents to regulators can assist in obtaining better outcomes.
Biosecurity management plans for mining and resource companies and landowners
The importance of biosecurity laws Biosecurity outbreaks can have devastating consequences for human health, animal welfare, the environment and industry profitability. In Queensland, a strong yet complex legal and regulatory framework is in place to prevent such outbreaks. Navigating these laws can be challenging, but understanding them is crucial for all stakeholders.
Podcast: Coffee with CGW – Get to know Marcus Ford - Cooper Grace Ward
Join us for a coffee chat with property partner Marcus Ford and private client partner Scott Hay-Bartlem as we delve into Marcus' background, explore his life outside work, and discuss what gets him excited about his work in this candid conversation.
Biosecurity management plans for mining and resource companies and landowners
The question of whether resource companies must adhere to a landowner’s biosecurity management plan has been a topic of significant legal scrutiny. This issue was recently examined by the Chief Justice of Queensland in the notable case of Lang v Westside Corporation Pty Ltd. Our comprehensive article delves into the legal intricacies and ramifications of this decision.
Do I have to go to mediation for my family provision application?
In this edition of It depends, associate Sarah Camm talks about whether you have to go to mediation for your family provision application. Video transcript Welcome to this edition of It Depends. This time we’re talking about whether I have to go to mediation for my family provision application. What is a family provision application?
Trade mark infringement: is reputation relevant to assessing deceptive similarity?
Facts The case of Self Care IP Holdings Pty Ltd v. Allergan Australia Pty Ltd [2023] HCA 8, involved two companies in the pharmaceutical industry, Self Care IP Holdings Pty Ltd and Allergan Australia Pty Ltd . Allergan holds the registered trade mark ‘BOTOX’ in Australia, which is well-known and widely associated with its anti‑wrinkle treatment products. Self Care sells a range of anti-wrinkle skin care products under the brand name ‘Freezeframe’.
Biosecurity management plans for mining and resource companies and landowners
The importance of biosecurity laws Biosecurity outbreaks can have devastating consequences for human health, animal welfare, the environment and industry profitability. In Queensland, a strong yet complex legal and regulatory framework is in place to prevent such outbreaks. Navigating these laws can be challenging, but understanding them is crucial for all stakeholders.
Podcast: TaxLand with Fletch and Sarah – Understanding the ATO’s new guidance on section 99B applying to distributions of capital from trusts - Cooper Grace Ward
In this episode of TaxLand, Fletch and Sarah journey through the ATO’s new draft tax determination and PCG in relation to whether amounts of trust capital distributed to Australian resident beneficiaries are subject to section 99B. There’s a special shout-out for art lovers and yacht enthusiasts who may benefit from foreign trusts: be careful of borrowing paintings or going sailing in the Mediterranean! Travel to TaxLand with us via Spotify or Apple Podcasts to learn more.
It Depends – Can I access my super because I have ‘retired’? - Cooper Grace Ward
In this edition of ‘It depends’, partners Scott Hay-Bartlem and Clinton Jackson talk about whether someone can access their superannuation because they have ‘retired’. There are some potentially nasty consequences if you access your superannuation without having satisfied one of the allowable conditions. Retirement is a common one that people will look at to access their super if they’re under 65. The rules are confusing, quite complicated and easy to get wrong.
Podcast: SMSFs with CGW – Can I access my super because I have ‘retired’? - Cooper Grace Ward
In this episode of SMSFs with CGW we’re talking about whether someone can access their superannuation because they have ‘retired’. There are some potentially nasty consequences if you access your superannuation without having satisfied one of the allowable conditions. Retirement is a common one that people will look at to access their super if they’re under 65. The rules are confusing, quite complicated and easy to get wrong. Listen now on Spotify or Apple Podcasts.
Financial services business successfully defends unfair contract claim
CG Cooper Grace Ward More Established in 1980, Cooper Grace Ward is a leading independent law firm in Brisbane with over 20 partners and 200 team members. They offer a wide range of commercial legal services with a focus on corporate, commercial, property, litigation, insurance, tax, and family law. Their specialized team works across various industries, providing exceptional client service and fostering a strong team culture.
Financial services business successfully defends unfair contract claim
The recent Supreme Court of Queensland decision of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, provides a useful illustration of the risks that businesses face as a result of the unfair contract term regime, and the things that businesses must prove to successfully defend a claim.
Financial services business successfully defends unfair contract claim
Case facts The facts in DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd [2024] QSC 120 (DCZ) were as follows: In late 2023, DCZ Early Learning (Customer) needed to settle a purchase contract before Christmas. The Customer’s broker obtained an Indicative Letter of Offer from Semper Mortgage Management (Business). The letter was subject to extensive negotiation and the fifth version of the letter was signed by the Customer, who agreed to borrow $2.4 million.
The purchaser's equitable lien in insolvency: recent developments
Two recent cases from New Zealand demonstrate how an equitable lien can arise in insolvency to elevate the interest of unsecured purchasers of goods to secured status. Key takeouts Equitable liens in favour of purchasers were recognised over 40 years ago by the High Court of Australia in the leading case of Hewett v Court (1983) 149 CLR 639 (Hewett).
Overview of the Whittaker review and Government's response
On 22 Sept 2023, the Australian government responded to the Whittaker Review, releasing the Personal Property Securities Amendment Bill 2023 for public consultation until 17 Nov 2023. Overview of the Whittaker review and Government's response On 22 September 2023, the Australian Government responded to the 2015 statutory review into the Personal Property Securities Act 2009 (Cth) (Whittaker Review).
Game, Set-off, Match: the High Court's judgment in Metal Manufactures v Morton
Liquidators and creditors should be aware of the High Court's analysis of the limits of set-off under s 553C of the Corporations Act 2001 (Cth). The High Court in Metal Manufactures Pty Limited v Morton [2023] HCA 1 has confirmed that insolvency set-off under s 553C does not apply as a defence to a liquidator's claim that a creditor has received an unfair preference.
Employee creditors of an insolvent corporate trustee to be paid as priority creditors | Lexology
In this technical update we discuss several points of principle from the recent High Court decision in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (Carter). Carter is a significant decision of the High Court for insolvency practitioners because it decides that employee creditors of an insolvent corporate trustee are to be paid as priority creditors under section 433 of the Corporations Act 2001 (Cth) (Corporations Act).
High Court delivers judgment in Amerind Appeal | Lexology
On 19 June 2019, the High Court delivered its much anticipated decision in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20. The High Court’s decision puts to rest the long standing question: does section 433 of the Corporations Act 2001 (Cth), which obliges a receiver to pay certain unsecured employee creditors in priority to secured creditors out of circulating assets, apply to trust asset proceeds in the winding up of an insolvent corporate trustee?
The Feeling is Mutual: Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liq) (R&M Appt) [2018] WASCA 163 | Lexology
The Western Australian Court of Appeal has ruled that giving security to a Bank does not destroy mutuality for the purposes of statutory set-off if the security allows the debtor to use assets to pay its debts in the ordinary course of business.
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