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Intellectual Property and Technology

Court of appeal strikes down ASIC’S appeal on directors’ duties in AWB case

This week marked a significant development in the infamous and long running AWB scandal: the Victorian Court of Appeal shot down ASIC’s appeal against the finding that Peter Geary, the former Group General Manager of Trading of AWB, had...

Published by Andrew Lacey
30 April, 2018
Litigation and Dispute Resolution

Fixing flights takes penalties to new heights: Full Court increases Flight Centre’s fines for price fixing.

The Full Court of the Federal Court has recently brought the long running saga between the ACCC and Flight Centre to an end. The dispute, which went on tour up and down the federal court system (including to the High Court) on multiple ...

Published by Chiara Rawlins
26 April, 2018
Litigation and Dispute Resolution

Game Over: Valve’s high court appeal goes up in steam.

Last week Gordon and Nettle JJ of the High Court of Australia scuttled Valve’s special leave application to appeal against last year’s judgment of the Full Court of the Federal Court. The case was concerned with whether Valve was requir...

Published by Chiara Rawlins
24 April, 2018
Commercial

Banking on the financial literacy of directors: is it a breach of duty when the numbers don’t add up?

One of the issues that directors of companies regularly face is the extent to which they can rely on their employees or external advisors in fulfilling their role. This is particularly so when it comes to financial decision making. A director may try...

Published by Andrew Lacey
22 April, 2018
Commercial

Disputes over the division of your remains: where do courts draw the line in the ashes?

Deciding how to dispose of a person’s body after death can be an emotionally charged time for many families, whose members may have diverging views about the most appropriate way to honour their loved ones. If a body is to be cremated, the divi...

Published by Andrew Lacey
18 April, 2018
Insolvency

Pokémon pops Redbubble in the Federal Court

One would assume that people would think twice before using Pokémon’s jealously guarded characters without Pokémon’s permission. However, as seen in the recent case of Pokémon Company International, Inc v Redbubble Ltd [2017] FCA 1541, some ...

Published by Andrew Lacey
10 April, 2018
Government and Administrative Law

Shareholder class action claimants entitled to “just estimate” of claims for voting purposes.

The recent decision of Brereton J in In the matter of SurfStitch Group Limited [2018] NSWSC 164 reinforces the nature and fundamental importance of the exercise of making a “just estimate” of the value of creditors’ claims for voting purpose...

Published by Andrew Lacey
5 April, 2018
Employment

Insolvent Trading Trusts: You can go your own way.

SUMMARY In this article, we consider a number of recent authorities on whether an insolvent trustee company’s right of indemnity in trust assets is property of the company for the purposes of the Corporations Act 2001 (...

Published by Andrew Lacey
4 April, 2018
Employment

Foreign liquidators gain traction in Hong Kong’s High Court

It may now be easier for Australian insolvency practitioners to carry out investigations and recover assets located in Hong Kong and in mainland China. On 8 February 2018, and for the first time, the High Court of Hong Kong granted an application for...

Published by Andrew Lacey
3 April, 2018
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