High Court provides guidance on class action waiver clauses
Recent High Court decision has confirmed that a class action waiver clause in the Ruby Princess class action was an unfair term under the ACL.Snapshot…
Testing the competition: Legitimate restraints of trade
The Court of Appeal has provided helpful guidance on the level of competition sufficient to engage non-compete restraints where two companies indirectly compete.Snapshot A recent…
Natural persons only: Federal Court clarifies superannuation entitlements
Recent Full Court of the Federal Court decision considered the test for whether a worker is considered an employee under section 12(3) of the superannuation…
Enforcing international arbitration awards in Australia
The High Court has recently considered whether a foreign State is immune in certain proceedings before Australian courts.Snapshot The High Court has confirmed that foreign…
Practical tips for dealing with third-party costs orders
When it comes to third party funding in litigation, practitioners should note the broad powers of the court in making third-party costs orders.Snapshot It has…
A ‘tail’ of woe
When considering whether rural land qualifies for the Primary Production Land tax exemption, practitioners should consider the ‘dominant’ use of the land.Snapshot When advising clients…
A legal minefield: ‘Difficult’ client instructions
It is good practice to document any advice given to a client. Where a client’s instructions seem unreasonable, there are ways to navigate the situation.Snapshot…
Federal Court: July 2023
Reporting and analysis of the latest key Federal Court judgments. By JOANNE SHEPARD and PARISA HART.Key decisions Lamb v Sherman [2023] FCAFC 85 V’landys v…
Criminal law: July 2023
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.Key decisions R v Sharrouf [2023] NSWCCA 137 Brzozowski…
Elder law & succession: July 2023
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.Key decisions Revised Best Practice Guide Re…
How to a-void another costly mistake when dealing with costs agreements
Recent Court of Appeal decision in Bevan v Bingham provides valuable guidance on key Uniform Law provisions relating to void costs agreements.Snapshot A breach of the disclosure…