In June 2023, a Canadian Court in South-West Terminal Ltd v Achter Land and Cattle Ltd, 2023 SKKB 116, held that the "thumbs-up" emoji carried enough weight to constitute acceptance of contractual terms, analogous to that of a "signature", to establi...
The recent decision in New Aim Pty Ltd v Leung [2023] FCAFC 67 (New Aim) has provided some useful guidance in relation to briefing experts in litigation.
On 12 July 2023, the Australian Commonwealth's Parliamentary Joint Committee on Corporations and Financial Services (Committee) released its landmark report on the state of corporate insolvency in Australia (Report)....
In two recent decisions, Federal Court of Australia and the New South Wales Court of Appeal clarified the law on admissibility of conversations in affidavits.
There are multiple tools available to resolve a dispute both before and after litigation has commenced. This commonly includes either or both of an informal settlement conference (which is generally a commercial approach to ending a dispute conduc...
This is the latest in a series of articles which has followed the run of appeals of the decision of Darke J in Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504. Our first article, analysing the decision at first instance...
Where a breach of contract occurs, the party who has not breached the contract is entitled to recover damages to compensate for any loss suffered (1). A breach may occur by a failure to perform or by anticipatory breach by the breaching party. To rec...
McCabes has bolstered its Insurance Division recruiting David Cooper, and elevating Karl Maakasa to the role of principal in the Workp...
Meaning of accessorial liability Individuals or corporations may be liable for contraventions of the Corporations Act 2001 (Cth) ('the Act') on the basis of their primary liability or accessorial liability. Primary...