Legal perspectives from our expert lawyers
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...
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...
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 ...
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...
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...
McCabes regularly receives correspondence from recipients of subpoenas to produce asserting that they do not intend to comply with the terms of a subpoena issued to them on the basis that insufficient conduct money has been provided. Given t...
There are many reasons why a trustee might find itself in the position of bringing or defending a claim on behalf of a trust. The first thing that a trustee on the brink of commencing or defending litigation should do is seriously consider whether to...
The state’s major overhaul of the strata laws will finally commence on 30 November 2016 with the introduction of the Strata Schemes Management Act 2015 (the Act), the Strata Schemes Management Regulation 2016 (the Regulations...
Earlier this year we published an article on the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor, noting that there had been a grant of special leave to appeal to the High Court of Australia. The matter was sub...