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Litigation and Dispute Resolution

When honour matters – recent cases in equitable estoppel

Two recent cases in the NSW Court of Appeal (NSWCA) highlight the circumstances where equity – the court of conscience – will step in to protect injured parties who did not have a contract to rely upon and acted to their detriment in...

Published by Andrew Lacey
7 March, 2017
Litigation and Dispute Resolution

McCabes Managing Principal Andrew Lacey named ‘Partner of the year’ finalist for two consecutive years.

Sydney, 1 March 2017: Managing Principal Andrew Lacey has been named a finalist in the Lawyers Weekly ‘Partner of the year’ awards for the second consecutive year. The annual awards are run by legal publication

Published by McCabes News
28 February, 2017
Litigation and Dispute Resolution

The High Court hands down judgement on price fixing between agent and principal in the travel industry

The High Court recently handed down a judgement finding that a flight booking agency was in breach of competition law, by attempting to engage in price fixing for ticket sales with airlines with whom it was in competition. This judgement highlights t...

Published by McCabes News
27 February, 2017
Litigation and Dispute Resolution

Deemed Subdivisions – how to avoid hidden leasing costs

Leasing part of your land can convert your unused commercial, industrial or agricultural space into a predictable income stream.  It can also involve hidden costs if you do not account for the impacts that the Conveyancing Act and planning legislatio...

Published by McCabes News
27 February, 2017
Litigation and Dispute Resolution

Security for costs series | Part 2: Who is the true aggressor

Security for costs where the plaintiff is in the position of the defendant This is the second in a series of articles which we will be publishing over the coming months concerning security for costs in civil disputes.  The f...

Published by Andrew Lacey
15 February, 2017
Litigation and Dispute Resolution

Security for Costs Series: Peculiarities, technicalities and misconceptions

Part 1:  Summary of key legal principles Security for costs applications are a common feature of litigated civil disputes.  They serve an important role for defendants who have concerns about a plaintiff’s ability to pay their costs of defending pro...

Published by Andrew Lacey
1 February, 2017
COVID-19

Criminal admissions in the Fair Work Commission: are they admissible?

Colin Wright (Mr Wright) was a mine operator for AGL at a coal mine and power station in Latrobe Valley.  Shortly after completing his night shift on 27 August 2015 while driving home he drove straight through a roundabout, ploughed ...

Published by McCabes News
22 January, 2017
Litigation and Dispute Resolution

NSW Court of Appeal confirms “undemanding” test for confidential information

In the recent (22 November 2016) decision of Link 2 Pty Ltd v Ezystay Systems Pty Ltd [2016] NSWCA 317, the NSW Court of Appeal had cause to re-visit the test of whether information is confidential and the meaning of a restraint against usin...

Published by Andrew Lacey
28 November, 2016
Litigation and Dispute Resolution

The risk of a director/officer of a corporation assuming vast responsibilities – ASIC v Cassimatis (No 8) [2016] FCA 1023

The collapse of Storm Financial Limited (Storm), a financial advice company based in Townsville, in the wake of the 2008 Global Financial Crisis garnered significant media attention and led to an inquiry and report by a Parliamentary...

Published by Andrew Lacey
11 October, 2016
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