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5 Dec 2017
The Bankruptcy Court’s power to look behind a judgment
The Bankruptcy Court’s power to look behind a judgment The decision in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28 This decision concerned the circumstances in which a Court may “go behind” a judgment in order to be satisfied that the debt relied upon by the petitioning creditor i ...
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24 Nov 2017
Hacker-proof? Unpacking the new Privacy Amendments
Hacker-proof? Unpacking the new Privacy Amendments – what this means for companies Organisations covered by the Australian Privacy Act 1988 (Cth) will soon need to notify eligible data breaches to the Office of the Australian Information Commissioner (OAIC) as well as to affected individuals as ...
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16 Nov 2017
Compliance with Subpoenas: Clarifying ‘Conduct Money’ and Compensation
The widely used term ‘conduct money’ is regularly misapplied in situations where a party complying with a Subpoena to Produce to the Court (Subpoena to Produce) requests payment of a reasonable fee for their efforts. Conduct money, however, has been recognised as only applying where parties have rec ...
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12 Oct 2017
Indexation of Non-Economic Loss Damages under the Civil Liability Act 2002 (NSW)
Indexation of Non-Economic Loss Damages under the Civil Liability Act 2002 (NSW)
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9 Oct 2017
Seeking Leave to Appeal? Supreme Court provides insights and Court of Appeal affirms its approach in Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd
Seeking Leave to Appeal? Supreme Court provides insights and Court of Appeal affirms its approach in Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd
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28 Sep 2017
The common law right to cancel a contract of life insurance for the making of fraudulent claims
The common law right to cancel a contract of life insurance for the making of fraudulent claims AIA Australia Ltd v Richards (No3) [2017] FCA 1069 1. Section 59A of the Insurance Contracts Act 1984 (Cth) (“the Act”) allows a life insurer to cancel a contract of life insurance entered into after 28 ...
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21 Sep 2017
A port in the storm – What directors need to know about the new safe harbour provisions
It is a concern for directors in charge of companies experiencing financial difficulty that they may fall foul of the provisions under the Corporations Act 2001 (Cth) regarding a director’s duty to prevent insolvent trading by a company.
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7 Sep 2017
Caveats, Writs and Priorities A Guide to Protecting Your Interests
In the diversifying property landscape of Australia, where your most important asset is increasing in value at a rapid rate, it is essential to understand some of the ways to protect your interests when purchasing land.
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29 Aug 2017
Good Faith and Splitting Causes of Action: Recent considerations from the decision in Hansen v Sedrak
This is a case in relation to section 24 of the Civil Procedure Act 2005 (CPA) and issues of good faith. On 14 March 2016, the second plaintiff’s insurer, AAMI, commenced proceedings against the defendants for damage to the plaintiff’s vehicle pursuant to rights of subrogation. On 9 June 2016, Conse ...
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24 Aug 2017
How to Protect Your Interests when dealing with foreign persons
When dealing with major commercial contracts, particularly those involving cross border transactions, it will often be the case that an entity or person entering into the contract resides overseas or has assets in a foreign jurisdiction.
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