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
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
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 Anthony Herro - 2 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 Ross Foreman - 2 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 Monica Kelly - 1 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 Caroline Harley - 2 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 Jonathan Nathan - 2 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 Nick Birbas - 1 min read