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Litigation and Dispute Resolution

What’s your damage? The calculation of damages for misleading and deceptive conduct

When a person believes they have been a victim of misleading and deceptive conduct such as misleading representations, the sensation of being deceived can give rise to the assumption that they have suffered compensable loss. However, the case of

Published by Chiara Rawlins
28 June, 2017
Insolvency

Are “walk away” offers valid offers of compromise which will have costs consequences?

Offers of compromise are an important tool in litigation. Aside from ensuring some form of success, or avoiding total defeat, one of the primary purposes of a party making an offer of compromise is to avoid incurring further legal costs. Where settle...

Published by Andrew Lacey
28 June, 2017
Litigation and Dispute Resolution

The “unambiguous impropriety” exception to without prejudice privilege

It is well established that what is commonly referred to as “without prejudice” privilege is not limited to protecting offers of settlement per se. Communications between parties that are genuinely aimed at resolving a dispute will also be protected,...

Published by Andrew Lacey
28 June, 2017
Litigation and Dispute Resolution

How “final and binding” is an expert determination?

Expert determination is becoming an increasingly common Alternative Dispute Resolution (ADR) process provided for in the terms of contracts between parties. In general terms it involves an independent third party, with recognised expertise in the sub...

Published by Andrew Lacey
27 June, 2017
Commercial

Are you a start-up? Do you know what your duties as a director are?

Start-ups are on the rise, as is the number of young entrepreneurs taking on the role of company director. A company director, whether sitting on the board of an ASX-listed company or a small organisation, has to be clear on the duties and obligation...

Published by McCabes News
20 June, 2017
Litigation and Dispute Resolution

Security for costs series | Part 3:  Peculiarities, technicalities and misconceptions

Part 3:  Security for costs applications in the context of cross-claims In this Part 3 of our series of articles on the topic of security for costs, we consider how security for costs applications are dealt...

Published by Andrew Lacey
1 May, 2017
Litigation and Dispute Resolution

Liquidator Remuneration Update – The consequences of the Sakr Saga

Back in March 2017 the NSW Court of Appeal handed down the unanimous decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38 (Sakr), reigning in Brereton J’s application of proportionalit...

Published by Andrew Lacey
12 April, 2017
Litigation and Dispute Resolution

Daniela Ackland named Women’s Insolvency Network Australia (NSW) president

Litigation and Dispute Resolution team senior associate Daniela Ackland was last week named as the new president of The Women’s Insolvency Network Australia (WINA) NSW. WINA, formerly known as the International Women’s Insolvency & Restructuring...

Published by McCabes News
7 April, 2017
Litigation and Dispute Resolution

Liquidator Remuneration Update – NSW Court of Appeal Pushes Back Against Proportionality

On 9 March 2017 the NSW Court of Appeal handed down its decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liquidation) v Sakr [2017] NSWCA 38, unanimously allowing the liquidator’s appeal against a decision of Brereton J apply...

Published by Andrew Lacey
28 March, 2017
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