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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
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...
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...
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...
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...
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...
An underappreciated fact when it comes to estate planning is that the monies held in a superannuation fund do not automatically form part of a person’s estate. Whilst in practice this can be an academic point for many executors managing an estate, if...
The High Court decision of Thorne v Kennedy [2017] HCA 49, handed down on 8 November 2017, is another reminder of the Court’s power to strike down contracts where one party has been subjected to duress, undue influence or unconscionable cond...
From time to time, parties to proceedings may be tempted to try and use documents produced in court proceedings for something beyond the scope of the proceedings itself. Sometimes the attempted use may be innocent, but more often it will not. A commo...
Most people are familiar with the distinction between a chattel and a fixture when it comes to land. Generally speaking, unless there is anything contrary in the document itself, a contract for the sale of land, or a mortgage, will extend to apply to...