UK Supreme Court affirms strictness of the ‘no profit’ rule for fiduciaries
Rukhadze underscores the strictness of fiduciary accountability and signals little appetite for reform in either the UK or Australia.
By Theresa Power - 2 min read
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…
By Anthony Lo Surdo SC and Dr Aruna Sathanapally - 2 min read
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…
By Robert Kaye SC and Elan Sasson - 2 min read
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.
By Simon Gallant and Blake O'Neill - 2 min read
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.
By Ben Sewell - 2 min read
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…
By Michael Legg - 2 min read
Space law: a new frontier in legal practice
Space Law and Global Space Governance (GSG) are terms that refer to the international process of regulating global space activities. Mechanisms include international and regional…
By Kim Ellis - 3 min read
Identifying concurrent wrongdoers: the proportionate liability regime in practice
Given the reach of the proportionate liability regime, it is imperative that practitioners are able to identify when the regime applies, and to whom. By…
By Amy Munro - 2 min read
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 Stuart Brady - 2 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 Christopher Kerin and James Qian - 2 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 Ross McInness and Alexandra Kennedy-Breit - 3 min read