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Legal perspectives from our expert lawyers
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In October last year, the Federal Government introduced a suite of reforms to the Australian Securities and Investment Commissions Act 2001 and Schedule 2 to the Competition and Consumer Act 2010 relating to the legality of ‘unfair ...
In 2004, the commonwealth legislature introduced Part 9.4AA into the Corporations Act 2001 (Cth) (the Act). This part empowers the Australian Securities and Investments Commission (ASIC) to...
By its very nature, capitalism epitomises struggle. Just as the God of Norse mythology, Odin, would reward a fallen warrior’s struggle with a seat in Valhalla, capitalism rewards those who are victorious in the struggle for wealth creation. In the ...
Section 440D imposes a stay on “proceedings in a court” against a company whilst it is in administration under Part 5.3A of the Corporations Act. It is well established that the term “proceedings in a court” does not include an arbitration proceeding...
On 11 December 2015, special leave to appeal to the High Court of Australia was granted in the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor. This case will provide the High Court with the opportunity to reco...
The Australian ‘farm debt’, currently standing at $67 billion, has more than doubled over the past decade according to the Reserve Bank of Australia. Given that approximately 94% of this debt is owed to Australian banks, and in light of the fact that...
In 2012, the State Government introduced new laws as part of its home pool safety measures that will require vendors (and landlords) to include a certificate of compliance or occupation certificate for any contracts for sale of land (or residential t...
On the afternoon of 21 May 2012 there was an altercation between Mr Sahade and Mr Smith (the appellants) and Mr Bischoff (the first respondent) at a property where Mr Sahade, Mr Bischoff and Mrs Bischoff (the second respondent) occupied separate resi...
After several months of negotiating a settlement agreement, and only a couple of days before Christmas, a lawyer sends an email to the lawyer on the other side of the settlement stating that his client “will sign”. The settlement agreement i...