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Legal perspectives from our expert lawyers
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The collapse of Storm Financial Limited (Storm), a financial advice company based in Townsville, in the wake of the 2008 Global Financial Crisis garnered significant media attention and led to an inquiry and report by a Parliamentary...
McCabes regularly receives correspondence from recipients of subpoenas to produce asserting that they do not intend to comply with the terms of a subpoena issued to them on the basis that insufficient conduct money has been provided. Given t...
A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a resta...
Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date. In this article we consider a problem that can arise after your death – that is, who ...
Background Insolvency Practitioners (IPs) commonly adopt time-based costing for the calculation of their remuneration, primarily on the basis that it ensures that the IP is only remunerated for the work actu...
There are many reasons why a trustee might find itself in the position of bringing or defending a claim on behalf of a trust. The first thing that a trustee on the brink of commencing or defending litigation should do is seriously consider whether to...
The bar for recovering assets that have been dubiously transferred out of an insolvent company may not be as high as one might think. Background On 14 June 2016, in its judgment delivered in Great Investments Ltd v Warner [2...
One of McCabes embedded values is courage and to openly talk about death requires courage. Given the number of deaths in Australia is projected to double over the next twenty years, we think the time for courage is upon us. With this in mind, the a...
In the recent Fair Work Commission (Commission) decision of Mr James Green v Toll Holdings Ltd [2016] FWC 2790, an employee was ordered to pay his employer’s costs after running away from his own unfair dismissal he...