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 - 8 min read
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 - 7 min read
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 - 6 min read
The Timbercorp HCA Decision highlights that unreasonableness will not be lightly found, but that the importance of carefully worded opt out notices remains. By JASON…
By Jason Geisker and Jessica Naimo - 7 min read
Controversy has raged in the banking industry as to whether the Code of Banking Practice, a voluntary code of conduct to which most banks adhere,…
By Anthony Lo Surdo SC - 5 min read
In the judgment of Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28, the High Court held that bank fees are indeed…
By John Eldridge - 7 min read
Eligible persons have a right to raise a claim for superannuation death benefits. By CHRISTINE SMYTH and KATERINA PEIROS.
By Kate Boyd - 7 min read
Market-based causation as a species of indirect causation is available in an action by shareholders seeking compensation for misleading statements made to the market by…
By Gregory Sirtes SC, Anthony Lo Surdo SC and Robert White - 6 min read
Australian courts have broad powers to make orders to manage cases of multiple representative proceedings, or class actions, brought against the same defendant(s) if it…
By Michael Legg and Joshua Kang - 6 min read
Where a lender agrees to incorporate the Banking Code in lending instruments, not only borrowers but guarantors may escape liability if that duty is breached….
By Brent Michael - 5 min read
A two-stage decision-making process applies when customs duties are imposed on imported goods. By STEPHEN TULLY.
By Stephen Tully - 3 min read
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…
By Anthony Lo Surdo SC - 6 min read
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…
By Anthony Lo Surdo SC - 7 min read