The penalty implications of legal advice and what makes a firm ‘leading’?

A court finds legal advice from a leading firm can fully mitigate penalties for contraventions of the Corporations Act.

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High Court decision impacts how complex structures are liquidated

Recent decision indicates a shift away from the objective of using pooling orders to improve outcomes for creditors, like minimising liquidation costs.

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What if a liable defendant declares bankruptcy before damages are determined?

The Federal Court considers a unique fact scenario which conjures pertinent questions of law, such as what makes a judgement final?

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A new ESG era? Deep-dive into greenwashing enforcement

What trends and themes emerge from the first three greenwashing cases to be considered by the Federal Court?

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High Court confirms foreign entity immunity from winding up applications

Indonesia’s national airline is found immune from winding up proceedings in Australia in an interesting split judgment by the High Court.

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Corporate structures and complications in family law settlements

When dealing with family law settlements, practitioners should obtain expert advice on corporate structuring and how to divide property in a tax effective manner.

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Legal professional privilege and communicating with clients

A string of recent cases in the District and Supreme Courts of NSW highlight the importance of legal professional privilege.

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High Court takes ‘gross’ approach to calculating the benefit of corporate offending

The High Court recently examined the ‘maximum’ penalty for corporate offending under the Criminal Code and the penalty is not the cost of doing business.

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When building work is not iron clad

Recent Court of Appeal decision clarifies who bears the evidentiary onus of establishing loss in combustible cladding disputes.

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Cyclone oppression: Navigating shareholder disputes through the eye of the storm

A storm of shareholder disputes including claims of oppressive conduct have been brewing. Courts can order appropriate relief if claims are supported by sufficient evidence.

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