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Litigation and Dispute Resolution

Getting stuck with the house: can you contract out of section 66G?

It is trite to say that a single piece of land can be owned by multiple co-owners. This may be a couple with a residential home, or business partners with the land they operate their commercial business on. The question of what happens when the co-ow...

Published by Andrew Lacey
27 February, 2019
COVID-19

Do not pass GO, do not collect $200 – Breach of WHS duties met with jail sentences in recent court decisions

Two individuals have recently been dealt jail sentences in circumstances where their contravention of work health and safety (WHS) duties had fatal consequences. The decision to order a custodial sentence in these cases signals an in...

Published by McCabes News
27 February, 2019
Litigation and Dispute Resolution

New Year, New ASIC: embracing the recommendations from the Royal Commission

ASIC has provided an update yesterday on their implementation of Hayne’s Royal Commission recommendations, promising to commit to the 12 recommendations directed at the regulatory body earlier this month in order “to strive for a fair, strong and...

Published by Andrew Lacey
20 February, 2019
Litigation and Dispute Resolution

Increased penalties for directors as bill passed by Senate

In our article The year ahead for directors: what’s in store for 2019?, we highlighted that one of the developments in store for directors ...

Published by Andrew Lacey
19 February, 2019
Insolvency

Beyond the Bottom Line: lessons for all directors coming out of the Banking and Finance Royal Commission

Many directors are familiar with their statutory duty to act in the best interest of their company.  This broad sweeping obligation recently came under review in the Final Report of the Financial Services Royal Commission. Commissioner Hayne was crit...

Published by Andrew Lacey
18 February, 2019
Insolvency

Breaches of directors’ duties: the High Court’s reach exceeds the limitation period’s grasp

A lightning rod for the attention of commercial lawyers and their clients alike is when proceedings concerning directors’ duties goes to the High Court. The issue in question? Limitation periods. Specifically, at what point do they start ticking? If,...

Published by Andrew Lacey
14 February, 2019
Litigation and Dispute Resolution

Misrepresentations over milk: director held liable for misleading and deceptive conduct

When one thinks of misleading and deceptive conduct, one often thinks of large companies misleading their customers about their products. In those circumstances, it is uncontroversial that the company is to bear the penalty. But what happens if the m...

Published by Andrew Lacey
6 February, 2019
Litigation and Dispute Resolution

Think quick! PPSR Registrations are expiring

The Personal Property Securities Register (PPSR) commenced seven years ago on 30 January 2012. Since then, registering and monitoring securities over personal property through the register has become an intrinsic practice for both bu...

Published by Andrew Lacey
4 February, 2019
Litigation and Dispute Resolution

The Final Report for the Royal Commission: Creating a beast that reaches beyond the financial sector

Commissioner Kenneth Hayne’s final report for the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released yesterday to reveal his recommendations to re-install public trust in the conduct, practice...

Published by Andrew Lacey
4 February, 2019
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