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To what extent is a labour-hire employer negligent when its employee is injured on the premises of a ‘host’? Can a liability insurer rely on an employment-related exclusion clause in the policy to deny the occupier indemnity? What is requ...
It is inevitable that many Australian businesses will be either directly or indirectly impacted by COVID-19. This may be due to infected staff, travel and import restrictions, or a lack of customers due to people self-isolating, but it will have the ...
Following a serious accident during a motocross competition event in 2004, a claim was brought against the State of New South Wales (the Office of Sport) as the entity with the statutory obligation to administer the compulsory scheme for licensing al...
Entering into liquidation can be a scary time for any company and its officers, even one which chooses to do so voluntarily. However, the directors, shareholders and creditors of a company entering into liquidation do not have absolute discretion as ...
On 4 February 2020, the Federal Court of Australia considered the circumstances in which it might be said that a provisional liquidator of a company ought not be appointed as the official liquidator because of an alleged "reasonable apprehension ...
What makes a contract an unprofitable contract which can be disclaimed by a trustee in bankruptcy without the leave of the Court under section 133(5A) of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act)? Can a litigation fundi...
In our 2019 article "The year ahead for directors: what's in store for 2019", we discussed some of the Federal Government's proposed change...
In the recent decision of United Petroleum Australia Pty Ltd v Freehills [2020] VSCA 15, the Victorian Supreme Court extended the High Court's decision in Bell Lawyers Pty Ltd v Pentelow (2019) 372 ALR 555 by ruling that self-repres...
In recent weeks the Federal Court of Australia has made interlocutory orders in two different sets of proceedings relating to applications for preliminary discovery brought against Google. The applicants are seeking that Google divulge the identities...