The Constitutional limits of NCAT’s jurisdiction

Clients need to be advised of the Constitutional limits of NCAT’s jurisdiction so that alternative remedial avenues may be pursued. By RICHARD MCCULLAGH.

By - 6 min read

Accounting for the ‘wholesale plundering’ of a business

High Court confirms knowing participant in a breach of fiduciary duty is liable to account for any benefit gained as a result. By KATE BOYD.

By - 6 min read

Class action risk: now and in the future

Class action risk has increased significantly over the course of the past decade. By ROSS DRINNAN and JENNY CAMPBELL.

By and - 7 min read

An emergent duty of care owed by Australia to asylum seekers?

The Minister for Immigration owed a duty of care to a refugee at Papua New Guinea by reason of the salient features listed in Stavar:…

By - 7 min read

When in Rome: jumping through the hoops of The Hague Convention

A certificate of service from an overseas authority, which is in a form different from that contemplated by the UCPR, might be a sufficient basis…

By and - 5 min read

Motor accidents compensation: 3 things you need to know

On 1 April 2015, the Motor Accidents Compensation Regulation 2015 (the Regulation) came into effect. The key function of the Regulation is to regulate the…

By - 5 min read

The scope of a solicitor’s fiduciary duty

A fiduciary relationship does not arise merely by reason of the status of the relationship. It comes about due to what the solicitor agrees to…

By and - 5 min read

How safe is your franchise territory? The courts have decided

The courts have recently discussed the importance of a franchisor protecting their franchisee’s territorial rights in an exclusive territory. By NICK BIRBAS.

By - 4 min read

Liquidator’s liens: the principle in universal distributing considered

The issue in Stewart v Atco Controls Pty Ltd (in Liquidation) [2014] HCA 15 (7 May 2014) was whether a liquidator was entitled to an equitable lien…

By - 5 min read

Labour productivity: crying wolf?

Improving labour productivity requires a long-term and multi-faceted strategy, as well as certainty of purpose. By ROWAN KELLY.

By - 5 min read