News & Blog

Legal perspectives from our expert lawyers

Filter Insights

Latest insights

Clear filters
Employment

Dealing with a company’s corpse: The Sakr Saga continues as Liquidators struggle to get their fees approved

Whether you are a liquidator, director, employee, shareholder or creditor of a company in financial distress, the experience of a corporate insolvency is usually not pleasant. Directors face the threat of being investigated for breaches of direct...

Published by Andrew Lacey
28 June, 2017
Litigation and Dispute Resolution

What’s your damage? The calculation of damages for misleading and deceptive conduct

When a person believes they have been a victim of misleading and deceptive conduct such as misleading representations, the sensation of being deceived can give rise to the assumption that they have suffered compensable loss. However, the case of

Published by Chiara Rawlins
28 June, 2017
Insolvency

Are “walk away” offers valid offers of compromise which will have costs consequences?

Offers of compromise are an important tool in litigation. Aside from ensuring some form of success, or avoiding total defeat, one of the primary purposes of a party making an offer of compromise is to avoid incurring further legal costs. Where settle...

Published by Andrew Lacey
28 June, 2017
Litigation and Dispute Resolution

The “unambiguous impropriety” exception to without prejudice privilege

It is well established that what is commonly referred to as “without prejudice” privilege is not limited to protecting offers of settlement per se. Communications between parties that are genuinely aimed at resolving a dispute will also be protected,...

Published by Andrew Lacey
28 June, 2017
Litigation and Dispute Resolution

How “final and binding” is an expert determination?

Expert determination is becoming an increasingly common Alternative Dispute Resolution (ADR) process provided for in the terms of contracts between parties. In general terms it involves an independent third party, with recognised expertise in the sub...

Published by Andrew Lacey
27 June, 2017
Commercial

Are you a start-up? Do you know what your duties as a director are?

Start-ups are on the rise, as is the number of young entrepreneurs taking on the role of company director. A company director, whether sitting on the board of an ASX-listed company or a small organisation, has to be clear on the duties and obligation...

Published by McCabes News
20 June, 2017
Insolvency

Insolvent trading trusts: the twilight zone

The recent decision of Markovic J in Robert Kite and Mark Hutchins in their capacity as liquidators of Mooney’s Contractors Pty Ltd (in liq) & Anor...

Published by Andrew Lacey
15 June, 2017
Employment

National minimum wage increase 2017

The Fair Work Commission has released its annual wage review decision, which will see a 3.3% increase in the National Minimum Wage and modern award rates from 1 July 2017. Australians being paid the National Minimum Wage (NMW

Published by McCabes News
8 June, 2017
Employment

Supreme Court of Queensland ‘slows down’ a joyrider’s attempt to argue withdrawal from a joint illegal enterprise with his accomplice driver – Alifaio Koge Captain (by his litigation guardian Hilda Gladys Sailor) v Willie Wosomo & Anor [2017] QSC 86

Author: James Kang Judgement Date: 18th May, 2017 Citation: Alifaio Koge Captain (by his litigation guardian Hilda Gladys Sailor) v Willie Wosomo & Anor [2017] QSC 86 Jurisdiction: Supreme Court of Queensland [1] Principles When a plaintiff and ...

Published by McCabes News
21 May, 2017
SIGN UP FOR INSIGHTS

Get the latest news direct to your inbox

Please enable JavaScript in your browser to complete this form.
Name
*write "Private Individual" if not a company
Which areas of interest would you like to receive communications about via email from McCabes?
Please select as many options as needed.
If yes, please list these above
I consent to receiving marketing communications from McCabes Lawyers Pty Ltd