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Litigation and Dispute Resolution

The statutory demand and incorporated associations: trump card or joker?

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...

Published by Foez Dewan
5 June, 2018
Litigation and Dispute Resolution

The solicitor and client relationship: can a law firm switch sides in a dispute?

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...

Published by Andrew Lacey
30 May, 2018
Litigation and Dispute Resolution

Federal Court of Australia allows in evidence obtained improperly by regulator

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...

Published by Andrew Lacey
22 May, 2018
Litigation and Dispute Resolution

Farm Debt Mediation Amendment Bill 2018 (NSW): What do the changes mean for you?

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),...

Published by Foez Dewan
8 May, 2018
Litigation and Dispute Resolution

Fixing flights takes penalties to new heights: Full Court increases Flight Centre’s fines for price fixing.

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 ...

Published by Chiara Rawlins
26 April, 2018
Litigation and Dispute Resolution

Game Over: Valve’s high court appeal goes up in steam.

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...

Published by Chiara Rawlins
24 April, 2018
Commercial

Disputes over the division of your remains: where do courts draw the line in the ashes?

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...

Published by Andrew Lacey
18 April, 2018
Litigation and Dispute Resolution

The consequences for breaching directors duties: what you face when the storm passes

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...

Published by Andrew Lacey
27 March, 2018
Litigation and Dispute Resolution

Should climate change risks be on a director’s radar?

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...

Published by Andrew Lacey
5 March, 2018
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