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In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025, the Plaintiffs sought to argue that a large publicly listed company and t...
A claimant suffers psychological injury when he is threatened by a would be thief of his motor bike. Whether the medical assessor was justified in concluding that this was not a motor accident was answered by the Supreme Court in Bell v Allianz Insur...
In the recent case of In the matter of Jana Pty Ltd [2022] NSWSC 112, the Supreme Court of New South Wales set aside a statutory demand issued for a debt arising out of a deed drafted with ambiguous and conflicting clauses. Backgrou...
In June 2021, we published an article on the decision at first instance of Darke J in Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504. A link to the article appears
The Australian Tax Office (ATO) has resumed its collection of overdue tax payments, including serving directors of companies with a Director Penalty Notice (DPN). With the COVID-19 pandemic subsiding, laws governing the DPN regime have been strengthe...
Employee, Independent Contractor or Gig Economy? Our related article: Employee or independent contractor? High Court...
The High Court has ruled that Google cannot be held responsible for defamatory articles accessed via its search results and hyperlinks. Background Google has been locked in a legal battle with Melbourne criminal lawyer George Defte...
Fujifilm deemed as having 38 unfair contract terms in 11 small business contracts Fujifilm For many, Fujifilm (formerly Fuji Xerox, now Fujifilm Business innovation Australia or Fujifilm L...
In the recent decision of Haiye Developments Pty Ltd v The Commercial Business Centre Pty Ltd [2022] NSWSC 937, the NSW Supreme Court was asked to weigh in on a complex case of misleading or deceptive conduct and fraudulent enterprise. In these proce...