When Confidentiality Silences the Truth: The Risk No Australian Expects
When Serco tried to stop its former detention officer from speaking to lawyers for a detained child, the Victorian Supreme Court ruled that justice comes before silence. In AS v Minister for Immigration (2016), Justice Forrest held that confidentiality clauses cannot be used to obstruct fair trial preparation. The decision remains a landmark for balancing corporate secrecy with public accountability.
When a Pause Can Save a Company
The High Court confirmed that a deed of company arrangement can lawfully pause creditor claims even when no property is available for distribution. Mighty River v Hughes [2018] HCA 38 explains why Part 5.3A allows a structured pause to preserve value, protect creditors, and ensure decisions are made with proper information.