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…

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Don’t let your claim for damages perish

In Perisher Blue Pty Limited v Nair-Smith, the NSW Court of Appeal considered whether it was necessary to determine the precise source of a plaintiff’s…

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Understanding investor-state dispute settlments

The China-Australia Free Trade Agreement (ChAFTA), signed 17 June, represents a historic milestone, giving Australian businesses the ability to operate in China and trade with…

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What’s in a name? Substance is key in franchise agreements

The recent NSW Court of Appeal decision in Workplace Safety Australia v Simple OHS Solutions Pty Ltd [2015] NSWCA 84 confirms that distribution and other agreements may…

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Bank fees class action: ‘forward-looking’ to the High Court

The Full Court of the Federal Court of Australia in Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCFCA 50 has overturned the decision of…

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Reining in ICAC’s powers: are non-public officials off limits?

The High Court of Australia in Independent Commission of Corruption v Cunneen & Ors [2015] HCA 14 (15 April 2015) has defined the scope of ICAC’s power…

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Voluntary administration: no escape from judgment in the district court

This article discusses the continuing application of the District Court’s decision in Unilever Australia Limited v Rosella Foods Pty Limited [2012] NSWDC 221. By ROBERT KAYE SC…

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Shelf orders: where limitation periods are not what they seem

High Court in Fortress affirms that shelf orders need not identify a particular transactions or party. By SIMON GALLANT and BLAKE O’NEILL.  

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The good, the bad and the ugly: pre-pack arrangements and phoenix activity for SMEs

This article considers the line between legal pre-pack arrangements and illegal phoenix activity for insolvent small-to-medium sized enterprises (SMEs). By BEN SEWELL.  

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The controversial class closure mechanism: is it fair?

Opt out class actions were adopted in Australia to extend access to justice to as many persons as possible. Consequently opt out class actions do…

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