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Legal perspectives from our expert lawyers
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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...
The Federal Court of Australia has recently held that an insurer breached its duty of utmost good faith to an insured by avoiding a policy without affording the insured an opportunity to respond. This is the second occasion in recent months where ASI...
The traditional winding up process is often criticised for being too slow and ineffective. In the vast majority of liquidations, there is little or no return to unsecured creditors, who only receive a dividend after the liquidator's fees and priority...
Is a worker entitled to bring a workplace accident claim under Motor Accidents Compensation Act 1999 (NSW), if the relevant negligence involved a failure in the system of work? A recent decision by the NSW Supreme Court looks at the application of th...
One difficulty encountered by creditors and trustees in bankruptcy is the use of one or more aliases by a bankrupt. Whether it is an innocent use of a nickname or an attempt to conceal one's identity, the use of an alias can often create problems for...
On 5 March 2021, in Australian Securities and Investments Commission v Dover Financial Advisers Pty Ltd (No 3) [2021] FCA 170, the Federal Court ordered Dover Financial Advisers Pty Ltd (Dover) to pay a $1.2 million penalty ...