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Litigation and Dispute Resolution

Rectifying injustices in contract formation: Court of Appeal confirms approach to setting aside unfair contracts under the Contracts Review Act

The Court of Appeal of New South Wales recently upheld a decision of the Supreme Court to set aside a deed under the Contracts Review Act 1980 (NSW) (the Act) on the basis that it was an unjust contract due to substantive an...

Published by Andrew Lacey
21 March, 2022
Litigation and Dispute Resolution

Pursuing private claims through public examinations: High Court extends the permissible range of ‘eligible applicants’

Recently, the High Court of Australia in Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 ('Walton')...

Published by Andrew Lacey
6 March, 2022
Litigation and Dispute Resolution

McCabes News: McCabes promote 14 across firm

It is with great pleasure that McCabes announce promotions effective 1 January 2022 across the firm. We wish to congratulate: 

Published by McCabes News
15 December, 2021
Litigation and Dispute Resolution

The minefield of moderating comments: High Court decision has major implications for publications on social media

Recently, the High Court of Australia in Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2021] HCA 27, upheld the decision of the NSW Court of Appeal that media and news companies were "publishe...

Published by Foez Dewan
14 December, 2021
Litigation and Dispute Resolution

Leave small businesses “a loan”: Federal Court declares unfair terms in Bank of Queensland finance contracts with small businesses

Upon application from ASIC, the Federal Court has determined that several terms contained within Bank of Queensland's (BoQ) small business contracts are unfair. This decision follows on from a suite of government reforms passed in 2...

Published by Andrew Lacey
8 November, 2021
Corporate

Latest Cases on COVID-19 Measures: Guidance for Employers

In response to the outbreak of COVID-19, governments in the various states and territories of Australia have enacted public health orders to minimise the risk of further transmission of the virus. Following the making of these public health orders, e...

Published by Tim McDonald
7 November, 2021
Litigation and Dispute Resolution

Be careful what you caveat

A caveat is a statutory injunction that prevents the registration of dealings and plans on a title to land, provided for under the Real Property Act 1900 (NSW) (RPA). A caveat operates essentially like a "red flag", signalling to potential purchasers...

Published by Andrew Lacey
27 October, 2021
Litigation and Dispute Resolution

Is it really ‘on the cards’? Determining the validity of a subpoena in civil proceedings

The case of Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 concerned an appeal to the NSW Court of Appeal from a decision of single judge refusing to set aside a subpoena for produ...

Published by Andrew Lacey
18 October, 2021
Litigation and Dispute Resolution

Shape up or ship out: TasPorts provides undertaking to ACCC under new misuse of market power laws

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from a corporation in breach of section 46 of the Competition and Consumer Act 2010 (Cth) (CCA). This is the first application of the misu...

Published by Foez Dewan
30 September, 2021
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