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Litigation and Dispute Resolution

Left hanging on an agreement with the Council: Damages for reliance loss

Where a breach of contract occurs, the party who has not breached the contract is entitled to recover damages to compensate for any loss suffered (1). A breach may occur by a failure to perform or by anticipatory breach by the breaching party. To rec...

Published by Chiara Rawlins
14 March, 2023
Litigation and Dispute Resolution

McCabes adds four principals to Insurance division

McCabes has bolstered its Insurance Division recruiting David Cooper, and elevating Karl Maakasa to the role of principal in the Workp...

Published by McCabes News
10 March, 2023
Insolvency

Accessorial Liability under the Corporations Act 2001 (Cth)

Meaning of accessorial liability Individuals or corporations may be liable for contraventions of the Corporations Act 2001 (Cth) ('the Act') on the basis of their primary liability or accessorial liability. Primary...

Published by Chiara Rawlins
7 February, 2023
Litigation and Dispute Resolution

New Bill increases penalties for breaches of Competition and Consumer Law and introduces penalties for breaching Unfair Contract Terms regime

On 28 September 2022, the Federal Government released the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (Cth) (Bill), increasing penalties for competition and consumer law.

Published by Chiara Rawlins
26 October, 2022
Litigation and Dispute Resolution

Hiding in plain sight – Supreme Court finds ‘de facto director’ in breach of statutory duties

The recent case of In the matter of ACN 152 546 453 Pty Ltd (in liq) [2022] NSWSC 974 demonstrates the circumstances in which a person may be regarded as a 'de facto director' and therefore face personal liability for breaching duties owed a...

Published by Andrew Lacey
26 September, 2022
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
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
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