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Legal perspectives from our expert lawyers
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When a person becomes bankrupt, his or her property vests in their trustee in bankruptcy. Property of a bankrupt generally extends to a bankrupt's right to commence litigation. However, specific carve outs exist for certain types of litigation which ...
The case of Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504 concerned a contract for the sale of a freehold hotel property in Pyrmont, Sydney (Quarrymans Hotel) together with associated hotel licence and business. On 3...
The Australian Competition and Consumer Commission (ACCC) will soon roll out the new class exemption that will be available to small businesses, franchisees and fuel retailers. This will allow those businesses to collectively negotia...
The Crown Resorts Limited's (Crown) $1 million fine from the Victorian Regulator would seem insignificant in the context of the potential penalties under the Corporations Act 2001 (Cth) (the Act) if Crown is...
In the recent decision of Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd [2021] FCAFC 40 the Full Federal Court has clarified that vulnerability is not essential to establishing a claim of statutory unconscion...
A recent decision of the Supreme Court of NSW (In the matter of Wetherill Park Holdings Pty Ltd [2021] NSWSC 282), handed down on 25 March 2021, serves as an important reminder of the importance of acting quickly when served with a Creditor'...
When physical symptoms caused by an accident have ceased, do psychological symptoms secondary to those symptoms also cease to be causally related to an accident, and who bears the onus of proof? The NSW Court of Appeal recently explored this issue in...
As the April long weekend drew to a close, the latest amendments to the Unfair Contract Term Regime came into effect. The amendments see the Regime's reach extend to include certain insurance contracts covered by the Insurance Contracts Act 1984
Since the decision of the NSW Court of Appeal in the credit hire cases, practitioners and professionals working in the area have debated whether the Court’s decision of a ‘like for like’ entitlement to a hire car was in fact the cor...