The penalty implications of legal advice and what makes a firm ‘leading’?
A court finds legal advice from a leading firm can fully mitigate penalties for contraventions of the Corporations Act.
By Matthew Lo - 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
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.
By Daniela Faggionato and Stephanie Barclay - 1 min read
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.
By Jason Polese - 1 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
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.
By Jeremy Harrison - 1 min read
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.
By The Law Society Policy and Practice Department - 2 min read
High Court: November 2024
Precedent-setting cases on private judicial meetings, statutory conditions precedent and public interest immunity. By TASMAN ASH FLEMING.
By Tasman Ash Fleming - 1 min read
Federal Court: November 2024
The Federal Court considers failure to disclose share placement with underwriters and information suppression orders.
By Joanne Shepard and Paris Hart - 11 min read
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.
By Craig Nicol and Keleigh Robinson - 1 min read
Criminal law: November 2024
Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.
By Thomas Spohr - 1 min read