In-house counsel duties under the spotlight: ASIC v Bekier
When known risks don’t reach the Board, the consequences for in‑house counsel and the company come into clearer focus.
By Michael Legg - 2 min read
Changes to commercial and corporations practice in the Federal Court of Australia
The Federal Court of Australia has revised and reissued practice notes for nine key areas, as part of the National Court Framework. By MICHAEL LEGG.
By Michael Legg - 2 min read
Relinquishing group members’ future rights? Lessons from Timbercorp
The Timbercorp HCA Decision highlights that unreasonableness will not be lightly found, but that the importance of carefully worded opt out notices remains. By JASON…
By Jason Geisker and Jessica Naimo - 2 min read
The contractual effect of the code of banking practice
Controversy has raged in the banking industry as to whether the Code of Banking Practice, a voluntary code of conduct to which most banks adhere,…
By Anthony Lo Surdo SC - 3 min read
Big end of town prevails in Paciocco bank fees challenge
In the judgment of Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28, the High Court held that bank fees are indeed…
By John Eldridge - 1 min read
Super, personal representatives and conflicts of interest
Eligible persons have a right to raise a claim for superannuation death benefits. By CHRISTINE SMYTH and KATERINA PEIROS.
By Kate Boyd - 1 min read
Court recognises indirect or market-based causation in shareholder claims
Market-based causation as a species of indirect causation is available in an action by shareholders seeking compensation for misleading statements made to the market by…
By Gregory Sirtes SC, Anthony Lo Surdo SC and Robert White - 2 min read
Supreme Court green lights concurrent class actions
Australian courts have broad powers to make orders to manage cases of multiple representative proceedings, or class actions, brought against the same defendant(s) if it…
By Michael Legg and Joshua Kang - 3 min read
Lenders beware: failing to assess a borrower’s repayment ability may let a guarantor off the hook
Where a lender agrees to incorporate the Banking Code in lending instruments, not only borrowers but guarantors may escape liability if that duty is breached….
By Brent Michael - 1 min read
Are dumplings ‘stuffed pasta’? The tariff classification process
A two-stage decision-making process applies when customs duties are imposed on imported goods. By STEPHEN TULLY.
By Stephen Tully - 2 min read
Litigation funding revisited: all for one, one for all?
In Blairgowrie Trading Ltd v Allco Finance Group Ltd, the Federal Court rejected a ‘common fund’ application brought shortly after the commencement of proceedings that sought…
By Anthony Lo Surdo SC - 2 min read