Dispossessed business owners see a narrowing of just compensation

A recent decision has narrowed the scope of compensation for many resumed businesses, notwithstanding a clear statutory obligation to ‘justly compensate’ them. By ANDREW BEATTY…

By and - 6 min read

Why not litigate? ASIC enforcement after the Banking Royal Commission

The Royal Commission recommended whenever ASIC is considering a contravention it must start with the question ‘Why not litigate?’ MICHAEL LEGG and STEPHEN SPEIRS explore…

By and - 10 min read

Not just a few bad apples: why APRA should have done more

Scott Donald PhD CFA examines the Banking Royal Commission’s report about APRA’s failings as regulator and the Commissioner’s recommendations for change.

By - 7 min read

Haynesplaining: lessons for litigators from the Banking Royal Commission

In the Banking Royal Commission report, Commissioner Hayne discusses ASIC’s role and how litigation is to be used in relation to enforcement. By MICHAEL LEGG.

By - 6 min read

Regulators’ investigatory powers and the Harman obligation not to disclose

A recent High Court decision clarifies the Commissioner of Taxation’s power to require the production of documents, and the later use of those items. By…

By and - 5 min read

Avoiding contempt of court for breach of freezing orders: it’s a matter of trust

Care is needed in drafting freezing orders – and once they are made, effective procedures are needed to ensure that they are not breached. By…

By - 6 min read

The Heavy Vehicle National Law and the Chain of Responsibility

Amendments to the Heavy Vehicle National Law place obligations on all in the supply chain to regulate operations to comply with a duty of care….

By and - 6 min read

Unmanned & unregulated: where are the privacy protections from drones?

The increasing use of drones raises concerns about safety, privacy and surveillance. And there is a gap between public expectation and legal reality. By JODIE…

By and - 6 min read

Navigating the safe harbour for small to medium-sized enterprises

The new safe harbour from insolvent trading is the most significant change to corporate insolvency law since the introduction of voluntary administration. By BEN SEWELL.

By - 6 min read

Commercial law: April 2018

Reporting and analysis of the latest commercial law decisions. By ELIAS YAMINE.

By - 6 min read