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Insolvency

A warning to company directors: Federal Court orders $240,000 penalty for director being ‘knowingly concerned’ in the company’s false or misleading conduct

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 ...

Published by Chiara Rawlins
11 March, 2021
Litigation and Dispute Resolution

Friend or foe – common interest privilege between joint plaintiffs and joint defendants

Legal professional privilege (LPP) protects communications between a lawyer and a client if it was made for the dominant purpose of seeking or providing legal advice, or for use in anticipated legal proceedings.  When successfully cl...

Published by Andrew Lacey
11 March, 2021
Insolvency

Overhaul of Australia’s insolvency laws for SMEs: Rise of a ‘debtor in possession’ insolvency model

On 1 January 2021, drastic reforms were made to the Australian insolvency legal landscape through The Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) (the Amending Act). Despite these reforms only applyi...

Published by Foez Dewan
10 March, 2021
Litigation and Dispute Resolution

New director resignation laws now in effect

As explored in our previous article here, in February 2020, the Treasury Laws Amendment (Combating Illegal Pho...

Published by Andrew Lacey
9 March, 2021
Litigation and Dispute Resolution

In-N-Out of court: Trade mark wars

In the final days of 2020, global burger chain In-N-Out Burger had plenty to celebrate. After years of litigation and success earlier that same year in the Federal Court, In-N-Out Burger was again victorious before the Full Federal Court of Australia...

Published by Chiara Rawlins
8 March, 2021
Compulsory Third Party Insurance

The extent of the Proper Officer’s obligation as the s 62 gatekeeper

What is a Proper Officer required to consider when determining whether a further medical assessment should be allowed? The Court of Appeal of NSW provides the answer in AAMI v Chan. Author: Bethany Mahler Judgment date: 25 February 2021 Citation: AAI...

Litigation and Dispute Resolution

Taken to court: ACCC commences proceedings against Fuji Xerox for alleged breaches of the Australian Consumer Law

In the last quarter of 2020, the ACCC commenced proceedings against Fuji Xerox Australia Pty Ltd and a related entity (together "Fuji") for the alleged use of unfair contract terms in their standard form contracts since October 2018....

Published by Chiara Rawlins
10 February, 2021
Litigation and Dispute Resolution

Reform to the Regime: Protections against unfair contract terms set to be strengthened

In November 2020, the Federal and State Governments' announced their mutual intentions to amend the Unfair Contracts Regime (the Regime) to enhance the protections offered by the current Regime.   After a twelve-month investig...

Published by Chiara Rawlins
10 February, 2021
Insolvency

Betting on Bitcoin: the law on directors’ duties and cryptocurrencies

Bitcoin has hit an all-time-high this week, breaching AUD$60,000 and appears to be in a new price-discovery phase. The rise is, at least partially, coming off the back of ubiquitous American electric vehicle automotive company, Tesla, confirming in S...

Published by Chiara Rawlins
10 February, 2021
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