Wentworth Lawyers & Partners

Wentworth Lawyers & Partners We are well established vibrant boutique law firm practices nationally from its base in Sydney with

🟠 Wentworth Lawyers & Partners — Dispute Resolution, Mediation, Arbitration & LitigationWhen a Dispute Arises, Resolutio...
10/08/2026

🟠 Wentworth Lawyers & Partners — Dispute Resolution, Mediation, Arbitration & Litigation

When a Dispute Arises, Resolution Requires Strategy.

Resolving a dispute requires more than simply knowing the law.

It requires an ability to assess the evidence, understand the opponent's position, identify leverage, negotiate at the right time and, where necessary, pursue the client's rights through litigation.

Wentworth Lawyers & Partners is a law firm with a strong focus on Dispute Resolution, Mediation, Arbitration and Litigation.

🔹 Commercial & Contract Disputes
Contractual, corporate and commercial disputes.
🔹 Shareholder & Partnership Disputes
Disputes between shareholders, directors and business partners.
🔹 Debt & Financial Disputes
Debt recovery and financial disputes.
🔹 Mediation, Arbitration & Negotiation
Strategic resolution of disputes without unnecessary litigation.
🔹 Court Litigation
Where a negotiated resolution is not appropriate, we are prepared to pursue and protect our clients' rights through the courts.

đźź  Our objective is not simply to commence proceedings. It is to resolve the dispute.
That means knowing when to negotiate, when to settle, and when to litigate.
A good dispute lawyer does not take every matter to court.

But the other side should know that when litigation is necessary, we are prepared to pursue it.
Prepare Strongly. Negotiate Strategically. Litigate Decisively.

We do more than manage disputes.
We work to resolve them.

Wentworth Lawyers & Partners
Dispute Resolution | Mediation | Arbitration | Litigation

📞 1300 140 291
đź“§ [email protected]
📍 Level 10–11, 20 Martin Place, Sydney NSW 2000

🟠 AI Can Give You an Answer. But Can It Give You Legal Advice?— Why You Should Not Rely on AI Alone for Your Legal Matte...
10/08/2026

đźź  AI Can Give You an Answer. But Can It Give You Legal Advice?

— Why You Should Not Rely on AI Alone for Your Legal Matter

AI is rapidly changing the way we work.

It can summarise contracts, explain complex legal concepts and organise large amounts of information. There is little doubt that AI will play an increasingly important role in legal practice.

However, there is an important distinction that should not be overlooked.

AI can be an excellent tool for providing legal information, but it cannot replace independent legal advice from an experienced lawyer.

---

🔹 The law is more than simply reading legislation.

In Australia, legislation is only part of the legal framework. Case law is equally important because it shows how courts have interpreted and applied legal principles in real disputes.

Two cases that appear almost identical may produce very different outcomes because of a seemingly minor difference in the facts.

AI may be able to identify and explain the relevant law.

A lawyer's role, however, is to determine how that law is likely to apply to the particular facts and circumstances of the client's case.

---

🔹 AI can only work with the facts it is given.

This is particularly important.

A client may not know which facts are legally significant.

An email sent six months ago, a single sentence in a contract, a short conversation between the parties, or even the precise date on which something occurred may completely change the legal analysis.

An experienced lawyer does more than answer questions.

A good lawyer knows which questions need to be asked.

---

🔹 AI can give a wrong answer that sounds remarkably convincing.

Legal information generated by AI is not necessarily accurate.

The law may have changed. AI may apply the law of the wrong State or jurisdiction. It may overlook an important authority or, in some circumstances, refer to legislation or cases that do not exist.

The greater danger is that an incorrect answer may still be expressed with considerable confidence.

In a legal matter, one incorrect assumption can affect limitation periods, contractual rights, preservation of evidence, settlement strategy and ultimately the outcome of the proceedings.

---

🔹 Legal advice requires judgment, not merely information.

Clients rarely come to a lawyer simply to ask:

"What does the law say?"

The real questions are usually:

"Should I commence proceedings?"

"Should I settle now?"

"Should I sign this agreement?"

"What is the other side likely to do next?"

"If I continue, what are the likely costs and risks?"

These questions cannot be answered by legal knowledge alone.

They require experience, judgment, strategy and an understanding of the client's objectives.

There may be several legally available options.

But only one of those options may ultimately be in the client's best interests.

---

đźź  That is where the important distinction lies.

A lawyer's role is not simply to tell a client:

“What can legally be done?”

A lawyer must consider the facts, evidence, applicable law, costs, risks and the client's objectives, and then advise:

“What should you do, what should you not do, and why?”

Sometimes the most valuable legal advice is not the answer the client expected.

It may even be advice the client does not want to hear.

But if that advice is genuinely in the client's best interests, a lawyer should be prepared to give it clearly, independently and without fear.

---

đźź  AI is a powerful tool. But a tool is not an adviser.

There is nothing wrong with using AI to better understand a legal issue before speaking with a lawyer.

Used properly, AI can help clients become better informed and may even make a consultation with their lawyer more efficient.

But where your business, property, employment, immigration status, family, reputation or liberty is at stake, asking:

“What does AI say?”

should not be the end of the enquiry.

The more important question is:

> “Having considered the evidence, the law, the risks, the costs and my objectives — what should I actually do?”

That is where real legal advice begins.

---

Wentworth Lawyers & Partners

📞 1300 140 291
đź“§ [email protected]
📍 Level 10–11, 20 Martin Place, Sydney NSW 2000

This post provides general legal information only and does not constitute legal advice in relation to any particular matter.

🟠 Australia’s New Merger Control Regime (Effective 1 Jan 2026)Australia has introduced a mandatory, suspensory merger no...
28/04/2026

🟠 Australia’s New Merger Control Regime (Effective 1 Jan 2026)

Australia has introduced a mandatory, suspensory merger notification system, requiring qualifying transactions to be notified to the ACCC and not completed until clearance is granted.

This reform brings Australia in line with leading global jurisdictions and places regulatory strategy at the centre of deal planning.

đźź  Key Impacts
• Mandatory filing for deals meeting statutory thresholds
• Closing prohibited until ACCC approval
• Stronger competition assessment
• Greater timing and ex*****on risk for investors

For dealmakers, early competition analysis and structured regulatory planning are now essential.

In the matter of Ulrich Pty Ltd as trustee for Tortuga Trust [2026] NSWSC 381.1. Outcome- Winding‑up application dismiss...
16/04/2026

In the matter of Ulrich Pty Ltd as trustee for Tortuga Trust [2026] NSWSC 381.

1. Outcome
- Winding‑up application dismissed with costs.
- The Commonwealth Bank of Australia (CBA) failed to establish the presumption of insolvency under s 459C of the Corporations Act 2001 (Cth).

2. Central Issue
The entire case turned on whether the statutory presumption of insolvency applied, which depended on:
A. The effective date of service of the statutory demand (6 Feb vs 14 Feb 2025).
B. Whether Ulrich was precluded by s 459S from arguing that service occurred on 6 February 2025.

If the presumption applied, Ulrich accepted that a winding‑up order should follow.

3. Background Facts
- CBA issued a statutory demand dated 5 February 2025 for $1,012,305.50.
- CBA claimed:
- Attempted service at the registered office on 6 February 2025.
-Effective service by email on 14 February 2025.
- Ulrich applied to set aside the demand on 7 March 2025, assuming service was on 14 February.
- Ulrich later paid $736,711.68 (29 May 2025).
- The set‑aside application was discontinued by consent on 20 June 2025.

CBA commenced winding‑up proceedings on 19 September 2025.

4. Competing Positions on Service
CBA’s position
- Service was effective on 14 February 2025.
- Therefore:
- Ulrich’s set‑aside application (7 March) was within time, engaging s 459F(2)(a).
- Failure to comply occurred on 27 June 2025 (7 days after discontinuance).
- This date fell within the 3‑month window before 19 September → presumption of insolvency applies.

Ulrich’s position
- Service was effective on 6 February 2025.
- Therefore:
- The set‑aside application was out of time → not an application “in accordance with s 459G”.
- s 459F(2)(a) never applied.
- Failure to comply occurred 21 days after 6 February → late February 2025.
- This was outside the 3‑month window → no presumption.

5. Section 459S Issue — Was Ulrich barred from raising the 6 February service argument?

CBA’s argument
Ulrich was precluded because:
- It could have raised the “effective mode/date of service” issue in its set‑aside application but did not.
- Therefore s 459S(1)(b) prevented it from raising that ground now.

Ulrich’s argument
- The ground it now relies on could not have been raised in the set‑aside application.
- Therefore s 459S does not apply.

Court’s approach
The judgment proceeds to analyse:
1. Whether s 459S(1) actually bars Ulrich from raising the 6 February service date.
2. If not barred, whether service was effected on 6 February.

the final orders confirm that the presumption did not arise, meaning Ulrich was not precluded, and/or service was found to be 6 February.

6. Why the Application Failed
Because the presumption of insolvency was not available, CBA had no evidentiary basis to support a winding‑up order. Ulrich did not attempt to prove solvency, but that was unnecessary once the presumption failed.

7. Practical Takeaways
- Service date is critical in statutory demand litigation; even small discrepancies can determine insolvency presumptions.

- Discontinuance of a set‑aside application does not automatically trigger s 459F(2) unless the application was validly made under s 459G.

- s 459S is not a blanket bar; it only applies where the company could have raised the ground in the set‑aside application.

- A creditor relying solely on the presumption under s 459C must ensure the statutory demand process is flawless.

Employment Law Brief.  ⚖️ 1. What a General Protections Claim Is (Core Definition)A general protections claim alleges th...
08/04/2026

Employment Law Brief.

⚖️ 1. What a General Protections Claim Is (Core Definition)
A general protections claim alleges that an employer took adverse action against a person because they:

- exercised a workplace right
- proposed to exercise a workplace right
- engaged in industrial activity
- possessed a protected attribute (e.g., race, s*x, age, disability)
- made a complaint or inquiry about their employment

The protection applies to employees, prospective employees, independent contractors, and contractors’ employees.

⚠️ 2. What Counts as “Adverse Action”

Adverse action includes:
- dismissal
- demotion or reduction of hours
- altering a person’s position to their detriment
- refusing to hire
- discriminatory treatment
- threats to take any of the above actions

The key legal test is causation: the adverse action must be taken because of the protected reason. It does not need to be the sole reason—only one of the reasons.

đź§­ 3. Workplace Rights Covered. Examples include:

- making a complaint or inquiry about pay, safety, or conditions
- taking or requesting leave (personal, annual, parental)
- joining or not joining a union
- participating in lawful industrial activity

👥 4. Who Can Bring a Claim
- current employees
- prospective employees
- independent contractors
- persons under a contract for services

For this claim, there is no minimum employment period and no income cap, unlike unfair dismissal.

⏱️ 5. Time Limits

Dismissal-related general protections claims must be lodged with the Fair Work Commission within 21 days of dismissal.

Non-dismissal claims can be filed directly in the Federal Court or Federal Circuit and Family Court.

đź’° 6. Remedies
General protections claims are powerful because remedies can include:

- injunctions
- reinstatement
- compensation for economic loss
- compensation for non-economic loss (distress, humiliation)
- no statutory cap on compensation (unlike unfair dismissal)

Wentworth Lawyers & Partners
1300 140 291 / 0410 626 909 /
Sydney | Melbourne | Perth | Brisbane |
Level 10 -11, 20 Martin Place, Sydney NSW 2000.

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Level 10, 20 Martin Place
Sydney, NSW
2000

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Tuesday 9am - 6pm
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