News & Blog

Legal perspectives from our expert lawyers

Filter Insights

Latest insights

Clear filters
Litigation and Dispute Resolution

Can a company be considered insolvent based upon inability to repay a future debt?

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...

Published by Andrew Lacey
19 September, 2022
Insurance

It is not part of a medical assessor’s function to determine the scope of a motor accident

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...

Published by McCabes News
8 September, 2022
Litigation and Dispute Resolution

Supreme Court sets aside a statutory demand based on a “very poorly drafted deed”

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...

Published by Andrew Lacey
1 September, 2022
Litigation and Dispute Resolution

High Court to determine effect of Public Health Order on contract for sale of hotel

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

Published by Chiara Rawlins
31 August, 2022
Litigation and Dispute Resolution

Generosity is long gone as the ATO resumes issuing Director Penalty Notices

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...

Published by Chiara Rawlins
25 August, 2022
Employment

Incoming: Significant Decision in Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156

Employee, Independent Contractor or Gig Economy? Our related article: Employee or independent contractor? High Court...

Published by Tim McDonald
18 August, 2022
Litigation and Dispute Resolution

Google wins defamation battle as the High Court rules it is not a publisher

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...

Published by Foez Dewan
17 August, 2022
Litigation and Dispute Resolution

Consumers and Businesses Beware: Standard Contracts

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...

Published by Chiara Rawlins
16 August, 2022
Litigation and Dispute Resolution

Cui Bono: Following the money in fraudulent enterprise

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...

Published by Chiara Rawlins
14 August, 2022
SIGN UP FOR INSIGHTS

Get the latest news direct to your inbox

Please enable JavaScript in your browser to complete this form.
Name
*write "Private Individual" if not a company
Which areas of interest would you like to receive communications about via email from McCabes?
Please select as many options as needed.
If yes, please list these above
I consent to receiving marketing communications from McCabes Lawyers Pty Ltd