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Legal perspectives from our expert lawyers
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A lightning rod for the attention of commercial lawyers and their clients alike is when proceedings concerning directors’ duties goes to the High Court. The issue in question? Limitation periods. Specifically, at what point do they start ticking? If,...
When one thinks of misleading and deceptive conduct, one often thinks of large companies misleading their customers about their products. In those circumstances, it is uncontroversial that the company is to bear the penalty. But what happens if the m...
The introduction of the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) will effectively alleviate the opportunity for employees, who have been incorrectly classified as ‘casuals’, from double-dipping on their entitlements...
The Personal Property Securities Register (PPSR) commenced seven years ago on 30 January 2012. Since then, registering and monitoring securities over personal property through the register has become an intrinsic practice for both bu...
Commissioner Kenneth Hayne’s final report for the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released yesterday to reveal his recommendations to re-install public trust in the conduct, practice...
The Australian Securities and Investment Commission has indicated that its New Year resolution is to be much more litigious. The comments, made by new Commissioner Sean Hughes earlier this month come in the wake of recommendations by Commissioner Dan...
The Federal Government has progressed a number of legislative initiatives that will impact on directors and are likely to come into effect in 2019 if they go ahead. The proposed new laws include significantly increasing civil and criminal penalties f...
The recent case of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461 serves as a reminder to directors and other non-parties whose conduct materially influences t...
In a recent case, Emmett AJA of the Supreme Court of New South Wales refused to make an order to terminate the winding up of an incorporated association. In this article, we re-examine the principles with which the Court will have regard when determi...