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.Snapshot This High Court…

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Retained or not retained: the NSWCA wants specifics

A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.Snapshot A solicitor’s retainer is…

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Lee J judgment takes aim at practice for suppression order overuse

There’s much ado about suppression orders at the moment. Lee J reminds practice on the inherent publicity risks in litigation.Snapshot In a recent Federal Court…

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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?Snapshot Is a defamation claim…

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Judicial interpretation of the term ‘occupation’

The NSWSC has distinguished ‘occupation’ from ‘job’ and the former is to be determined by a range of factors.Snapshot The meaning of the word ‘occupation’…

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The latest developments in law reform & advocacy: November 2024

The Law Society committees discuss family law amendments, scams prevention, superannuation death benefit complaints and more.Key developments Family Law Amendment Bill 2024 Draft Model Operating…

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High Court: November 2024

Precedent-setting cases on private judicial meetings, statutory conditions precedent and public interest immunity. By TASMAN ASH FLEMING.Key decisions Director of Public Prosecutions v Smith [2024]…

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Federal Court: November 2024

The Federal Court considers failure to disclose share placement with underwriters and information suppression orders.Key decisions Australia and New Zealand Banking Group Limited v Australian…

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Family law: November 2024

Cases discussing discrete hearings, what constitutes a de facto relationship, and financial agreements before marriage. By CRAIG NICOL and KELEIGH ROBINSON.Key decisions Sacco & Allan (No…

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Criminal law: November 2024

Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.Key decisions Dorsett v R [2024]…

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