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Insolvency

Catch me if you can… The Federal Court overturns a trustee’s decision to refuse permission for a bankrupt to travel overseas

When a person is declared a bankrupt, certain liberties are taken away from that person. One restriction includes a prohibition against travelling overseas unless the approval has been given by the bankrupt's trustee in bankruptcy. This issue was rec...

Published by Andrew Lacey
15 June, 2020
Intellectual Property and Technology

Defamation in the Google age: search engines as publishers of defamatory content

In the recent decision of Defteros v Google LLC [2020] VSC 219, the Supreme Court of Victoria held search engine Google liable for "publishing" defamatory material. In doing so, the decision has extended the reach of defamation to encompass ...

Published by Andrew Lacey
15 June, 2020
Compulsory Third Party Insurance

Claims Assessors must provide reasons for accepting or declining exemption applications

Is a Claims Assessor obliged to give reasons for accepting or declining an application for discretionary exemption? The Supreme Court provides the answer in Insurance Australia Ltd t/as NRMA Insurance v Wannous. Author: Michael Li Judgment date: 9 Ju...

Published by McCabes News
14 June, 2020
Litigation and Dispute Resolution

High Court of Australia gives direction as to who is an officer of a company

Officers of corporations, such as directors, owe various duties to their company and can be held personally liable in the event of a breach. This includes duties to avoid insolvent trading, a duty of care and skill, good faith, and to keep books and ...

Published by Andrew Lacey
11 June, 2020
Compulsory Third Party Insurance

Exceptional circumstances may produce exceptional costs outcomes in DRS disputes

Is a claimant who seeks statutory benefits under the Motor Accident Injuries Act 2017 entitled to costs in excess of those fixed by the Regulations? The Supreme Court of NSW provided the eagerly‚Äëawaited answer in AAI Limited v Moon. Author: Andrew ...

Published by McCabes News
10 June, 2020
Intellectual Property and Technology

Cassimatis v ASIC – shareholders cannot ratify a breach by the directors of their statutory duty of care and diligence

In March 2020 the Full Federal Court, in a considerably lengthy judgement, dismissed (2-1) an appeal by the former directors of Storm Financial Pty Ltd (Storm), which infamously collapsed in the wake of the Global Financial Crisis in...

Published by Foez Dewan
9 June, 2020
Insurance

Girls night out no “in the course of employment” – Dring v Telstra Corporation Limited [2020] FCA 699

The Appellant, Ms Dring was employed by Telstra. During the week of 13 April 2016, she was in Melbourne attending a series of workshops as part of her employment. On one evening during the week, Ms Dring met a colleague and spent the night socialisin...

Published by McCabes News
4 June, 2020
Intellectual Property and Technology

Court of Appeal confirms that media outlets are ‘publishers’ of defamatory comments made on their Facebook pages by third parties

On 1 June 2020, the New South Wales Court of Appeal handed down the decision of Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102, upholding the finding by a single judge that medi...

Published by Chiara Rawlins
2 June, 2020
Employment

Some “casuals” may get both casual loadings and paid leave

A Full Federal Court decision handed down on 20 May 2020 has upheld the view that casual employees who had a firm advance commitment as to the duration of their employment or the days and hours they would work are in fact permanent employees and are ...

Published by McCabes News
1 June, 2020
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