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Litigation and Dispute Resolution

From Administrator to Official Liquidator – Impartiality, Cost and Qualification

It is not uncommon for companies served with wind up proceedings to appoint external administrators for the purposes of investigating the affairs of the company and so that recommendations can be made to creditors to either have the company wound up,...

Published by Andrew Lacey
26 August, 2015
Intellectual Property and Technology

Creditors Statutory Demands’ what a difference a day makes

In so far as they relates to creditor's statutory demands, the provisions of the Corporations Act 2001 (Cth) are construed by the courts particularly prescriptively.   On 5 June 2015, His Honour Justice Brereton de...

Published by Andrew Lacey
24 August, 2015
Litigation and Dispute Resolution

Estranged eligibility: Burke v Burke [2015] NSWCA 195

The recent Court of Appeal decision in Burke v Burke provides further commentary and clarification in relation to how estrangement will affect the Court's determination of family provision proceedings brought by adult children of deceased pe...

Published by Andrew Lacey
24 August, 2015
Commercial

Advocate’s immunity for out of court work affirmed again – White v Forster [2015] NSWCA 245

Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...

Published by McCabes News
23 August, 2015
Commercial

Advocate’s immunity for out of court work affirmed again White v Forster [2015] NSWCA 245

Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...

Published by McCabes News
23 August, 2015
Employment

Wide ranging investigation powers under WHS Act

In the case of Perilya Limited v Nash [2015] NSWSC 706, Perilya Limited (Perilya), the holding company of Perilya Broken Hill Limited (PBHL) was ordered to pay $40,000 for two offences of not comply...

Published by McCabes News
6 August, 2015
Litigation and Dispute Resolution

Competing Interests of Compulsory Acquisitions in NSW

The North West Rail Link project has resulted in a large number of compulsory acquisitions raising a number of interesting principles and competing interests under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) (Just Terms Act

Published by McCabes News
6 August, 2015
Employment

Sexual Assault: Causes of Action in Trespass and Negligence

"B" v Reineker [2015] NSW SC 949 Background The plaintiff commenced proceedings seeking damages for trespass against the defendant and for negligence against Moree Christian Community School relating to events that occurred in the period fro...

Published by McCabes News
5 August, 2015
COVID-19

Case note – Comcare v Transpacific Industries Pty Ltd [2015] FCA 500

Transpacific, a company that provides recycling, waste management and industrial services, was ordered by the Federal Court of Australia to pay $363,000 to its insurer Comcare as Transpacific admitted contraventions of ss 16 and 17 of the Occupat...

Published by McCabes News
4 August, 2015
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