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Litigation and Dispute Resolution

Setting off an unfair preference payment: what are the rights of a creditor?

The Full Court of the Federal Court of Australia has held in a unanimous decision that a creditor of an insolvent company is not entitled to a statutory set off in response to a liquidator's claim for the recovery of an unfair p...

Published by Chiara Rawlins
10 April, 2022
Insurance

Obvious Risks of Dangerous Recreational Activities

Judgment date: 6 April 2022 Citation: Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2022] HCA 11 Jurisdiction: High Court of Australia On 6 April 2022, the High Court of Australia set aside the judgment of the NSW Court of...

Published by Peter Miller
10 April, 2022
Litigation and Dispute Resolution

Peter’s suffers an ice-cream headache after Federal Court orders $12 million penalty for anti-competitive exclusive dealing

On 25 March 2022, the Australian Competition and Consumer Commission (ACCC) obtained orders in the Federal Court against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters) for engaging in the pract...

Published by Chiara Rawlins
6 April, 2022
Litigation and Dispute Resolution

The ACCC launches proceedings against Meta for publishing scam cryptocurrency ads featuring celebrities on Facebook

The Australian Competition and Consumer Commission (ACCC) has launched Federal Court proceedings against Facebook owner Meta Platforms, Inc. and Meta Platforms Ireland Limited (Meta), alleging Meta engaged in false, misleading, or deceptive conduct t...

Published by Chiara Rawlins
30 March, 2022
Insurance

Joint Illegal Enterprise associated with driving under the influence of drugs may be more commonly open as a defence than once thought

Author: Rihab Abdul-Rahman Judgment date: 15 March 2022 Citation: Raad v Cossey [2022] NSWDC 59 Jurisdiction: District Court of New South Wales Before: Cowdroy AO QC ADCJ Principles: A driver and a passenger who are both under the influence of drugs ...

Published by McCabes News
29 March, 2022
Employment

PCR Test as an Alternative to Vaccinations? The Fair Work Commission Says No

The Fair Work Commission (FWC) has recently been called on to determine whether a worker's offer to undergo polymerase chain reaction (PCR) testing instead of receiving a COVID-19 vaccination was a reasonable alternative to receiving the vaccine. On...

Published by Tim McDonald
23 March, 2022
Litigation and Dispute Resolution

McCabes named as finalist in 2022 Client Choice Awards

McCabes have been named as finalists in the category of Best Law and Related Services Firm $50M - $200M Revenue in the 2022 Client Choice Awards.   &nb...

Published by McCabes News
23 March, 2022
Litigation and Dispute Resolution

Rectifying injustices in contract formation: Court of Appeal confirms approach to setting aside unfair contracts under the Contracts Review Act

The Court of Appeal of New South Wales recently upheld a decision of the Supreme Court to set aside a deed under the Contracts Review Act 1980 (NSW) (the Act) on the basis that it was an unjust contract due to substantive an...

Published by Andrew Lacey
21 March, 2022
Insurance

Exceptions to the rule in Browne v Dunn

Dodson v Woolworths Group Limited [2022] WASCA 22 was an appeal resulting from a decision reached by an Arbitrator in the Western Australian Workers’ Compensation Arbitration Service. The appellant (Dodson) claimed at the arbitration that she s...

Published by McCabes News
7 March, 2022
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