All publications relating to ‘Litigation’
Til Debt Do Us Part: The effective use and pitfalls of statutory demands
Introduction A creditor who is claiming a debt from a company will often want to employ the quickest and cheapest method of recovery and the risks, costs and length of time associated with commencing court proceedings may not be the most appealing option. Accordingly, many creditors will often consider issuing a company with a statutory…
Important news for small business new laws offer protection against unfair contracts
In Brief The landscape for small businesses in Australia is changing. Throughout 2016, those of you looking to the future will no doubt be planning ahead to ensure your business does not miss a beat – or an opportunity! From 2017, small businesses will have the same protection against unfair contract…
What in the WADA is going on with the “Essendon 34”?
The Essendon Football Club is still in the news, like it or not. In Sydney this past week, the Court of Arbitration for Sport (CAS) commenced its hearing of the appeal lodged by the World Anti-Dopoing Agency (WADA) against the 34 current and former players of the Essendon Football Club…
Am I liable for misleading information supplied by someone else?
In brief The Australian Consumer Law prohibits misleading or deceptive conduct and false or misleading representations. But can you escape liability if you merely pass on misleading information provided by someone else? The conduit principle Generally, an intermediary that innocently passes on misinformation may not be held liable for misleading or deceptive…
Can I write an article about my business competitor?
In Brief In the course of doing business, you are not allowed to engage in misleading or deceptive conduct. But what if you utilise your personal expertise and experience to make general comments about your industry – for instance, by publishing an article in a trade magazine, or delivering a public lecture…
Claims made by a person deprived of land title by fraud
In Brief In Australia, we use the Torrens system of land title. It is a central tenet of the Torrens system that it is a system of title by registration, not a system of registration of title. It is registration itself which vests title in a proprietor of land. Section 42(1) of the Real Property…
“Who really brings the game into disrepute?”
In Brief A public spat. A drunken fall. A scathing comment. Professional athletes, like many of us, occasionally do careless and reckless things. Unlike many of us, however, professional athletes are often fined exceedingly large amounts of money, suspended or terminated from their employment for doing these things. And you can almost be…
Testing the water — does a builder owe a duty of care to an Owners Corporation?
In Brief In an important decision which has ramifications for Owners Corporations, the High Court has recently held that a builder did not owe a duty of care to an Owners Corporation to avoid causing it to suffer economic loss from latent defects in common property. The Facts Brookfield Multiplex Ltd v Owners Corporation Strata Plan…
Practice note: Approval of provisional liquidator’s remuneration
In Brief In the Matter of CB Constructions (NSW) Pty Ltd [2014] NSWSC 913 is a recent decision of Justice Black which provides a timely reminder of the matters which need to be addressed when seeking court approval for the remuneration of a provisional liquidator under section 473(2) of the Corporations Act 2001 (Cth)…
Extending a convening period before it expires — relevant principles
In Brief The administrator of a company under administration must convene a meeting of the company’s creditors within the convening period set out in section 439A(5) of the Corporations Act 2001 (Cth) or as extended by the Court under section 439A(6). The courts have shown a willingness to extend the convening period provided there…