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Intellectual Property and Technology

Consequences for theft of confidential information soars to new heights

Employees and directors of businesses are often exposed to confidential information and company records that could, if used for the wrong purposes, cause significant damage to the company. All too often, business owners are faced with an employee ta...

Published by Andrew Lacey
3 December, 2018
Intellectual Property and Technology

Duty’s up: What is the scope of your fiduciary duties as a director once you resign?

It is well known that directors of a company owe fiduciary duties to the company in addition to the statutory duties imposed by the Corporations Act 2001 (Cth).   ‘Fiduciary duties’ are often loosely referred to as duties of loyalty a...

Published by McCabes News
5 August, 2018
Intellectual Property and Technology

Court of appeal strikes down ASIC’S appeal on directors’ duties in AWB case

This week marked a significant development in the infamous and long running AWB scandal: the Victorian Court of Appeal shot down ASIC’s appeal against the finding that Peter Geary, the former Group General Manager of Trading of AWB, had...

Published by Andrew Lacey
30 April, 2018
Intellectual Property and Technology

Deceased estate litigation – make sure your costs are proportionate or risk a capped costs order

Litigation involving deceased estates can take many forms – applications for provision, notional estate orders, challenges to grants based on undue influence or lack of testamentary capacity, and so on. A common element across each of those disputes...

Published by Andrew Lacey
22 November, 2016
Intellectual Property and Technology

Destitution and restitution: $6m in company assets transferred without authority clawed back by liquidators

The bar for recovering assets that have been dubiously transferred out of an insolvent company may not be as high as one might think.   Background On 14 June 2016, in its judgment delivered in Great Investments Ltd v Warner [2...

Published by Andrew Lacey
6 September, 2016
Intellectual Property and Technology

Defamation law and not-for-profits: getting to the truth of the matter

Many not-for-profit organisations (NFPs) exist for the purpose of exposing and challenging acts, practices or behaviour perceived to be unethical or unjust. In advocating for change, some NFP’s may publish critiques and commentaries ...

Published by Foez Dewan
12 May, 2016
Intellectual Property and Technology

Creditors Statutory Demands’ what a difference a day makes

In so far as they relates to creditor's statutory demands, the provisions of the Corporations Act 2001 (Cth) are construed by the courts particularly prescriptively.   On 5 June 2015, His Honour Justice Brereton de...

Published by Andrew Lacey
24 August, 2015
Intellectual Property and Technology

Eavesdropping – can private conversations be recorded?

If someone records a telephone conversation without the express or implied consent of the parties to that conversation, it is highly likely that, by doing so, that person has committed an offence. Two legislative instruments regulate the recording o...

Published by Andrew Lacey
19 March, 2015
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