Managed investment schemes: responsible entities may not have the powers they think they have

Responsible entities must ensure the actions they take are authorised by the constitution of the managed investment scheme. By STUART BRADY.

By - 3 min read

The High Court decides: when does a builder owe a subsequent owner a duty of care?

The High Court’s recent decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 has curtailed the rights of apartment owners…

By and - 5 min read

Class actions: justice, funding and the next game changer

The desire to provide access to justice has resulted in what many have described as a “plaintiff-friendly” Federal Court class action regime in Australia. By…

By and - 4 min read

Is email an option? Notice to exercise an option to renew in a lease

The decision in Kavia Holdings Pty. Limited v Suntrack Holdings Pty. Ltd [2011] NSWSC 716 states that email may constitute valid service of the exercise of the…

By - 5 min read

US Supreme Court affirms the “fraud on the market” theory

No shareholder class action in Australia has resulted in a final judgment, as a result of which there is uncertainty about what needs to be…

By - 6 min read

ICAC: beauty or beast?

A recent study, Community Attitudes to Corruption and to the ICAC; Report of the 2013 Survey, looked at perceptions of ICAC. By MONICA KELLY.

By - 5 min read

Supercharging battles over superannuation death benefits

When there is uncertainty as to how super death benefits should be paid, dispute resolution or litigation generally follows. By CAROLINE HARLEY.

By - 6 min read

The grim life of tenants living in the Willmott Forest

Liquidators appointed to a landlord company can now disclaim a registered lease. This could result in tenants being treated unfairly, and precludes tenants from protecting…

By - 6 min read

How safe is your franchise territory? The courts have decided

The courts have recently discussed the importance of a franchisor protecting their franchisee’s territorial rights in an exclusive territory. By NICK BIRBAS.

By - 4 min read

Liquidator’s liens: the principle in universal distributing considered

The issue in Stewart v Atco Controls Pty Ltd (in Liquidation) [2014] HCA 15 (7 May 2014) was whether a liquidator was entitled to an equitable lien…

By - 5 min read