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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

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
Litigation and Dispute Resolution

Statutory liability as a director: Part 2

In Part 1 of this two-part series, we looked at how you can be personally liable as a director for your company’s breach of taxation laws, company laws, and workplace laws. We also considered the ways in which directors may be held accessorily liable...

Published by Andrew Lacey
20 February, 2018
Litigation and Dispute Resolution

Supreme Court of NSW rejects an expert accountant’s apparent need for certain documents: Secure Logic Pty Ltd v Noble [2017] NSWSC 1545

The interlocutory decision referred to below is an important reminder to all practitioners that when an expert witness claims to require access to certain documents to complete his or her report this should not necessarily be taken as gospel, and the...

Published by Andrew Lacey
13 February, 2018
Litigation and Dispute Resolution

The duty of good faith and reasonableness: too much pizza, too little dough

The obligation to act with “good faith and reasonableness” is a relatively modern, and continually evolving, area of contract law. This principle recently received some further consideration from the Federal Court of Australia in a legal battle conce...

Published by Andrew Lacey
11 February, 2018
Litigation and Dispute Resolution

Statutory Liability as a Director: Part 1

Navigating the array of laws that impact on every facet of your company’s business can be a minefield. This two part series has a focus on some of the statutes that can impact upon you and your company, and ways to limit your personal exposure to lia...

Published by Andrew Lacey
8 February, 2018
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