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Latest Articles

19 Jul 2022
Funded Class Actions ≠ Managed Investment Schemes – A Square Peg In A Round Hole
In a very important decision for those involved in class actions, the Full Court of the Federal Court of Australia has determined that litigation funded class actions are not “managed investment schemes” (MIS), overturning a 2009 decision in Brookfield Multiplex, which held to the contrary. This me ...
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4 Jul 2022
“Outsider” councils fly high in High Court decision: ‘direct and far-reaching ramifications’ give rise to relief
Hobart International Airport Pty Ltd v Clarence City Counsel and Australia Pacific Airports (Launceston) Pty Ltd v Northern Midlands Council.
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5 May 2022
Appeals in the strictest sense of the word as explained in Yehia v Williams
Yehia v Williams [2022] VSC 197 (Yehia) concerned an appeal against the orders made by Magistrate Foster, pursuant to section 109 of the Magistrates’ Court Act 1989 (Vic).
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20 Apr 2022
Insurers and COVID-19: Another Blow for Small Business
Ten small businesses were the subject of proceedings related to business interruption flowing from the various Government mandates relating to COVID-19 disease control.
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20 Apr 2022
High Court Considers Unconscionable Conduct in Asset-Based Lending
In Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court of Australia considered the circumstances in which a non-bank lender acts unconscionably in providing an asset-based loan to a borrower who is labouring under a “special disadvantage”.
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14 Mar 2022
Temporary measures on electronic signing and document sharing
The Treasury Laws Amendment (2021 Measures No. 1) Act 2020 was introduced in 2021 to amend the Corporations Act 2001 (Cth) (‘Corporations Act’) to allow electronic execution of documents
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7 Mar 2022
P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd [2021] NSWCA 136
Moylan Retirement Solutions Pty Ltd (MRS) was a provider of financial services. Mr Moylan, the principal of MRS, provided financial advice to a group of self-managed superannuation funds (SMSFs) to invest in Moylan Investment Group Pty Ltd (MIG). Mr Moylan was the sole director and shareholder of M ...
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7 Mar 2022
The primacy of the written contract in the Employee vs Contractor distinction
The High Court of Australia in Construction, Forestry, Maritime, Mining And Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 allowed an appeal from the Full Court of the Federal Court of Australia, confirming the importance of contractual terms when determining whether a worker is an ...
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15 Feb 2022
Company Director duty of care and diligence
Company directors have a duty to exercise care and diligence while carrying out their role. A recent decision by Justice Banks-Smith of the Federal Court of Australia found that this duty of diligence applied to announcements of sales contracts and therefore requiring company directors to name count ...
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9 Feb 2022
Australia's Immigration Law under the Spotlight at the Australian Open
The recent controversy surrounding the exemption, cancellation, appeal, second cancellation and unsuccessful appeal of tennis star, Novak Djokovic to compete in the Australian Open, has again put worldwide attention on the legalities of the Australian immigration system, its Minister’s powers and ex ...
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