The statutory demand is a formidable card up a creditor’s sleeve that can result in a company being deemed to be insolvent if it does not pay the creditor’s debt within 21 days of service of the demand. Whether a statutory demand served on an incorp...
We all expect that lawyers will be loyal to their clients, act in their best interests, and protect their confidential information. Lawyers have duties to their clients to do so. When lawyers draw their swords to go int...
In November 2017 the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Apple Pty Ltd in the Federal Court of Australia, alleging that it engaged in misleading or deceptive conduc...
On 3 May 2018, the Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) was passed. The Amendments make several significant changes to the Farm Debt Mediation Act 1994 (NSW) (FDMA),...
The Full Court of the Federal Court has recently brought the long running saga between the ACCC and Flight Centre to an end. The dispute, which went on tour up and down the federal court system (including to the High Court) on multiple ...
Last week Gordon and Nettle JJ of the High Court of Australia scuttled Valve’s special leave application to appeal against last year’s judgment of the Full Court of the Federal Court. The case was concerned with whether Valve was requir...
Deciding how to dispose of a person’s body after death can be an emotionally charged time for many families, whose members may have diverging views about the most appropriate way to honour their loved ones. If a body is to be cremated, the divi...
In the latest chapter in the saga concerning the collapse of Storm Financial Ltd, the Federal Court of Australia last week determined what penalties were to be issued to the directors. Trouble in paradise: the breaches in question St...
Insights from legal professionals and company regulators suggest that company directors should consider and respond to the risks posed by climate change as part of their duty to act with care, skill and diligence. The recent proceedings com...