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
High Court decision impacts how complex structures are liquidated
Recent decision indicates a shift away from the objective of using pooling orders to improve outcomes for creditors, like minimising liquidation costs.
By Emily Barrett, Rachel Zeng and Sivanjali Karalasingham - 2 min read
What if a liable defendant declares bankruptcy before damages are determined?
The Federal Court considers a unique fact scenario which conjures pertinent questions of law, such as what makes a judgement final?
By Tim Maybury - 1 min read
A new ESG era? Deep-dive into greenwashing enforcement
What trends and themes emerge from the first three greenwashing cases to be considered by the Federal Court?
By Katie Lau and Teresa Torcasio - 2 min read
High Court confirms foreign entity immunity from winding up applications
Indonesia’s national airline is found immune from winding up proceedings in Australia in an interesting split judgment by the High Court.
By Pravin Aathreya and Lucy Charleston - 2 min read
Corporate structures and complications in family law settlements
When dealing with family law settlements, practitioners should obtain expert advice on corporate structuring and how to divide property in a tax effective manner.
By Niki Schomberg and Rachell Davey - 2 min read
Legal professional privilege and communicating with clients
A string of recent cases in the District and Supreme Courts of NSW highlight the importance of legal professional privilege.
By Justin Wong and Aaron Roberts - 2 min read
High Court takes ‘gross’ approach to calculating the benefit of corporate offending
The High Court recently examined the ‘maximum’ penalty for corporate offending under the Criminal Code and the penalty is not the cost of doing business.
By Richard Harris, Colleen Platford, Antonia Garling, Peter Munro and David Wiseman - 2 min read
When building work is not iron clad
Recent Court of Appeal decision clarifies who bears the evidentiary onus of establishing loss in combustible cladding disputes.
By Christopher Kerin and Mia Haas - 2 min read
Cyclone oppression: Navigating shareholder disputes through the eye of the storm
A storm of shareholder disputes including claims of oppressive conduct have been brewing. Courts can order appropriate relief if claims are supported by sufficient evidence.
By Evatt Styles - 2 min read
It’s time to prepare for tougher modern slavery laws
The latest report on the Modern Slavery Act contains a number of potential reforms, which (if implemented) will impose tougher requirements on Australian businesses.
By Heidi Roberts, Dr Phoebe Wynn-Pope and Kaitlyn Wilkins-Fraser - 2 min read