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Insolvency

ASIC takes strong stance to “litigate first” following the Financial Services Royal Commission

The Australian Securities and Investment Commission has indicated that its New Year resolution is to be much more litigious. The comments, made by new Commissioner Sean Hughes earlier this month come in the wake of recommendations by Commissioner Dan...

Published by Andrew Lacey
29 January, 2019
Government and Administrative Law

The year ahead for directors: what’s in store for 2019?

The Federal Government has progressed a number of legislative initiatives that will impact on directors and are likely to come into effect in 2019 if they go ahead. The proposed new laws include significantly increasing civil and criminal penalties f...

Published by Andrew Lacey
19 December, 2018
Insolvency

Australian company and its sole director hit with highest penalties ever imposed for breach of the Australian Consumer Law

This article contains a summary of two recent developments in case law and legislation, which significantly increase the penalties that companies and their directors may be liable for misleading and deceptive conduct in breach of the Australian Consu...

Published by Foez Dewan
12 December, 2018
Litigation and Dispute Resolution

Two years later: review of unfair contract protections for small businesses

Over two years ago on 12 November 2016, the unfair contract term protections were extended to small businesses and took effect. The Treasury recently released its discussion paper on the protections and has invited interested parties to provide feedb...

Published by Andrew Lacey
10 December, 2018
Litigation and Dispute Resolution

The ongoing ambiguity in interpreting a contract: what is admissible?

All too often, parties to commercial contracts end up in a dispute as to the meaning of the document. For a number of reasons, from the way a document was drafted to a difference of understanding between the parties, it may become necessary to go to ...

Published by Andrew Lacey
5 December, 2018
Litigation and Dispute Resolution

New changes to off-the-plan contracts

The NSW Government has just introduced amendments to the Conveyancing Act 1919  and the Real Property Act 1900  to provide better protection for purchasers who enter into ‘off-the-plan’ property contracts.   These proposed am...

Published by McCabes News
23 November, 2018
Litigation and Dispute Resolution

Initial Action Pty Ltd v Woollahra Municipal Council – A refresher course in written requests for variation of development standards

On 14 August 2018, Preston CJ of the Land and Environment Court of NSW handed down judgment in the matter of Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 (Initial Action).  The Judgment provides an ...

Published by McCabes News
14 October, 2018
Litigation and Dispute Resolution

Learning to share in the share economy – proposed reforms to regulate short term rental accommodation in NSW

On 5 October 2018 the NSW Department of Planning released an Explanation of Intended Effect describing changes proposed to the planning framework to create a state-wide consistent framework for the permissibility of short term rental accommodation (

Published by McCabes News
10 October, 2018
Litigation and Dispute Resolution

Risky business: are superannuation funds required to consider the risk of climate change in making investments?

On 24 July 2018 Mark McVeigh (McVeigh), a 23-year-old, commenced proceedings in the Federal Court of Australia against his super fund, Retail Employees Superannuation Fund Pty Ltd (REST) to require REST to provide hi...

Published by Chiara Rawlins
17 September, 2018
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