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Insurance

Working from home – the scope of ‘in the course of employment’

It is an enticing thought for a day’s work to consist of answering a few work emails between dips in the pool and the next banana daiquiri. But, if you slip on the banana peel whilst walking from your computer to the pool, do you have a valid w...

Published by McCabes News
10 February, 2020
Insurance

Insurer’s faultless claims conduct ends in successful defence of claim

McCabes acted on behalf of Allianz in successfully defending the proceedings brought by the Insured for alleged breach of contract and alleged damages of almost $1.6 million. Allianz had elected to undertake repair of damage caused by the insured eve...

Published by McCabes News
9 January, 2020
Government and Administrative Law

Tender of the amount of a statutory demand before a winding up order is made

It is well known that a company served with a statutory demand has 21 days to comply. If the recipient fails to pay the amount of the demand (or obtain a court order extending the period for compliance) within the period of 21 days after the demand i...

Published by Andrew Lacey
10 September, 2019
Government and Administrative Law

The High Court weighs in: A corporate trustee’s right of indemnity from trust assets is found to be ‘property of the company’

On 19 June 2019, the much-anticipated High Court appeal in the matter of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (also known as the "Amerind appeal") was handed down.   The decision resolves ...

Published by Andrew Lacey
26 July, 2019
Government and Administrative Law

The intersection between directors’ fiduciary duties and the right to recover payment

Insolvency – every director’s biggest nightmare. Under the Corporations Act s 459C, when a creditor serves a statutory demand on a company for an outstanding debt, the company will be presumed insolvent if it fails to comply with, or set asi...

Published by Andrew Lacey
26 February, 2019
Government and Administrative Law

Shareholder class action claimants entitled to “just estimate” of claims for voting purposes.

The recent decision of Brereton J in In the matter of SurfStitch Group Limited [2018] NSWSC 164 reinforces the nature and fundamental importance of the exercise of making a “just estimate” of the value of creditors’ claims for voting purpose...

Published by Andrew Lacey
5 April, 2018
Commercial

Occupier’s liability scope of duty owed by the owner of commercial premises to an employee of the tenant of the premises – Aldred v Stelcad Pty Ltd [2015] NSWCA 201

Author: Olga Voukidis Judgement Date: 16th July, 2015 Citation: Aldred v Stelcad Pty Ltd [2015] NSWCA 201 Jurisdiction: NSW Court of Appeal [1] In brief Liability for injuries sustained by an entrant onto demised premises will primarily rest with the...

Published by McCabes News
19 July, 2015
Commercial

Occupier’s liability – scope of duty owed by the owner of commercial premises to an employee of the tenant of the premises – Aldred v Stelcad Pty Ltd [2015] NSWCA 201

Author: Olga Voukidis Judgement Date: 16th July, 2015 Citation: Aldred v Stelcad Pty Ltd [2015] NSWCA 201 Jurisdiction: NSW Court of Appeal [1] In brief Liability for injuries sustained by an entrant onto demised premises will primarily rest with the...

Published by McCabes News
19 July, 2015
Building and Construction

Compelling a Trustee to make Distribution – Saunders v Vautier

Beck v Henley & Anor [2014] NSWCA 201   Background Tami and Ami were residuary beneficiaries of a testamentary trust which owned 50% of the voting shares in a proprietary company. The trust was established to "sell call in collect ...

Published by Andrew Lacey
25 March, 2015
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