ASIC v Bekier: red flags, risk and directors’ duties
A stark warning on ignored warning signs, silence and personal exposure for executives, lawyers and boards.
By Ben Sewell - 2 min readA stark warning on ignored warning signs, silence and personal exposure for executives, lawyers and boards.
By Ben Sewell - 2 min readWhy regular, predictable arrangements may no longer sit comfortably with casual classification.
By Jack de Flamingh - 1 min readRecent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
By Darryl Browne - 2 min readThe Court draws the line between factual error, legal unreasonableness and appellate intervention in judicial review.
By Hugo Wilesmith and Michael Morgan - 8 min readRecent authority discussing the nuances of parenting risk, property restraint, wastage and international children.
By Craig Nicol and Keleigh Robinson - 1 min readMust judges still rank seriousness on a notional scale? How should moral culpability be assessed? And what must be explained when these questions are raised?
By Thomas Spohr - 1 min readInfluential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
By Darryl Browne - 1 min readA seismic judgment finds Trump’s ‘Liberation Day’ unlawful, highlighting his constitutional limits and foreshadowing future challenges in international trade law.
By Dr Jemimah Roberts and Dr Catherine Gascoigne - 2 min readA review of recent AFCA decisions clarifying how trustees test nominations, identify dependants and exercise discretion when no effective nomination exists.
By Darryl Browne - 1 min readWhen is repayment not really repayment? And can accepting money preserve a breach? Shao forces practitioners, and the courts, back to first principles.
By John Gooley - 2 min readAn expert breakdown of the amendments to NSW’s standard form contract, and the case law and legislation that has led to it.
By Tony Cahill and Diane Skapinker - 1 min readWhen does ordinary construction become unlawful interference? The High Court’s return to Bamford offers a sharper rule for practitioners confronting nuisance claims.
By Lucas Shipway - 1 min readThe judgment marks a pivotal expansion of institutional accountability, clarifying when non‑delegable duties arise and how foreseeability operates in child abuse cases.
By Christien Corns, Sam Rappensberg and David Knibbs - 2 min read