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Legal perspectives from our expert lawyers
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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 ...
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...
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...
As explored in our previous article here, in February 2020, the Treasury Laws Amendment (Combating Illegal Pho...
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...