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Litigation and Dispute Resolution

Canadian Court elevates thumbs-up emoji to signature status

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...

Published by Foez Dewan
29 August, 2023
Government

Venues NSW ats Kerri Kane: Venues NSW successful in overturning a District Court decision

The McCabes Government team are pleased to have assisted Venues NSW in successfully overturning a District Court decision holding it liable in negligence for injuries sustained by a patron who slipped and fell down a set of steps at a sports stadium;...

Published by Leighton Hawkes
18 August, 2023
Litigation and Dispute Resolution

Expert evidence – The letter of instruction and involvement of lawyers

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.

Litigation and Dispute Resolution

Is change on the horizon for corporate insolvency in Australia?

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)....

Published by Foez Dewan
31 July, 2023
Insolvency

High Court says set off not available as a defence to unfair preference claim

The recent decision in Metal Manufactures Pty Limited v Morton [2023] HCA 1 has confirmed that set-off cannot be used as a defence to a liquidator’s unfair preference claim under s. 553C of the Corporations Act 2001 (Cth) (the "Corp...

Litigation and Dispute Resolution

Say what you mean and mean what you say – memory and evidence of conversations

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. 

Published by Andrew Lacey
20 July, 2023
Insolvency

High Court confirms liquidators may not rely on the peak indebtedness rule

It is well established that the liquidator of a company may apply to the courts to set aside and recover payments made to creditors of that company to increase the estate's general pool of assets available to all creditors under S. 588FE of the C...

Employment

Key employment rate changes for 2023/2024, effective from 1 July 2023

From 1 July 2023, a number of employment related thresholds increased for the 2023/2024 financial year.

Published by Tim McDonald
3 July, 2023
Insolvency

‘Skippers, Skimmers and Readers’: Google successful against ACCC once again

In June 2016, Google LLC (Google) introduced a notification system where consumers were instructed that Google had added some "optional features". If consumers clicked "I agree", Google would be allowed to combine their personal information obtained ...

Published by Foez Dewan
3 July, 2023
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