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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
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
Litigation and Dispute Resolution

Costly choices when making an offer to settle

There are multiple tools available to resolve a dispute both before and after litigation has commenced. This commonly includes either or both of an informal settlement conference (which is generally a commercial approach to ending a dispute conduc...

Litigation and Dispute Resolution

When business in the “usual and ordinary course” collides with unprecedented times: The High Court weighs in on effect of Public Health Orders on contract for sale of hotel

This is the latest in a series of articles which has followed the run of appeals of the decision of Darke J in Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504. Our first article, analysing the decision at first instance...

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

Accessorial Liability under the Corporations Act 2001 (Cth)

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.

Published by Chiara Rawlins
8 February, 2023
Insolvency

Going behind judgment debt bankruptcy context

The decision of the High Court of Australia in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; 261 CLR 132 (Ramsay) clarified the limits of a Bankruptcy Court's discretion to "go behind" a judgment, that is, to investigate whether the u...

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
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