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Legal perspectives from our expert lawyers
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The Australian Competition and Consumer Commission (ACCC) was recently successful in its action against Oscar Wylee Pty Ltd (Oscar Wylee), with the Federal Court ordering a $3.5 million penalty for its contraventions...
On 19 November 2020, the ACCC commenced Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct in contravention of section 47(1) of the Competition ...
When a person becomes a bankrupt, they are legally obliged to fill out and submit a statement of affairs to their trustee in bankruptcy, for the purpose of disclosing all of the bankrupt's assets, liabilities and recent transactions. This is designed...
In a recent win for insurers, the NSW Supreme Court considers whether a watercraft-related accident can trigger a defendant’s home and business policy. The decision provides useful commentary on the requirements to join insurers to proceedings ...
The NSW Court of Appeal has considered the playing field of s 3B(1)(a) of the Civil Liability Act 2002 (NSW) (CLA) and confirmed that recklessness is insufficient to meet the threshold which requires subjective intent to cause injury. Author: Demi Mc...
The Federal Court of Australia considered what conduct can constitute a breach of the duty of utmost good faith in the recent decision of Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701. Authors: Priya Paquet, Mark Fr...
In another victory for the obvious risk defence, the Court of Appeal delivers a judgment that highlights the importance of correctly formulating the risk of harm when distinguishing between foreseeable and obvious risk. Author: Renee Magee Judgment d...
In the recent case of Carnemolla v Arcadia Funds Management [2020] NSWCA 308, the NSW Court of Appeal considered the duty of a shopping centre manager to maintain a dry floor surface. Author: Demi McGowan Judgment date: 27 November 2020 Citation: Car...
Can a party be found to have breached a duty of care in the absence of evidence as to specific precautions which should have been taken to obviate or reduce the risk of injury? The Court of Appeal recently explored this issue in Bauer Media v Khedrla...
