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Finding a ‘fraudulent and dishonest design’ for the purpose of liability of third parties who knowingly assist in a breach of fiduciary duty: Hasler v Singtel Optus Pty Ltd; Curtis v Singtel Optus Pty Ltd; Singtel Optus Pty Ltd v Almad Pty Ltd 2014 NSWCA 266
  • Gilbert + Tobin
  • Australia
  • October 3 2014

There have been inconsistent formulations of the "dishonest and fraudulent design" element of the second limb of Barnes v Addy since the Court of


Can a deed be binding without the signature of all parties?: Pratap v Permanent Custodians Limited 2013 NSWSC 1918
  • Gilbert + Tobin
  • Australia
  • February 25 2014

This case serves as a useful reminder that once a party has signed, sealed and delivered a deed (other than a guarantee), it becomes binding on that


When will a contract by frustrated for illegality?: PT Arutmin Indonesia v PT Thiess Contractors Indonesia 2013 QSC 332
  • Gilbert + Tobin
  • Australia
  • February 25 2014

The Supreme Court of Queensland refused to find that changes in the law which affected a company's ability to engage a contractor or changes to the


How to inadvertently resign as a director an ASIC Form 484 can be paramount: Essendon Apartment Development Pty Ltd v Shaw & Ors 2014 VSC 74
  • Gilbert + Tobin
  • Australia
  • April 28 2014

A lack of formality in relation to a change of directorship (and associated share transfer) did not persuade the Court to invalidate the actions


When will an “in principle” settlement agreement be enforceable? Sayed v National Australia Bank Limited
  • Gilbert + Tobin
  • Australia
  • October 24 2013

An "in principle" settlement agreement which was expressed to be "binding but subject to formal deed that will contain further terms not


An entitlement to rely on the statutory due execution assumptions does not confer proprietary rights good against third parties: Esperance Cattle Company Pty Ltd v Granite Hill Pty Ltd 2014 WASC 279
  • Gilbert + Tobin
  • Australia
  • October 3 2014

A sublessee was entitled to rely on the assumption of due execution under section 129(5) of the Corporations Act 2001 (Cth) in respect of a sublease


When will actual receipt of a notice trump deemed receipt? APN Funds v Australia Property & Anor
  • Gilbert + Tobin
  • Australia
  • December 18 2013

The Supreme Court of Victoria-Court of Appeal found that a typical deemed receipt of notices provision in a Unit Subscription and Put Option Deed


Deficient record keeping of an adviser's reasonable basis for providing financial advice may not be fatal but take care: Dennis v Chambers Investment Planners Pty Ltd (Administrators Appointed) (No 3) 2014 FCA 648
  • Gilbert + Tobin
  • Australia
  • July 29 2014

This case provides a useful analysis of the contractual and common law duties of financial advisers to exercise reasonable care and skill in


Disqualification of directors - ignorance is not bliss: Gabay and Anor and Australian Securities and Investments Commission 2014 AATA 425s
  • Gilbert + Tobin
  • Australia
  • August 26 2014

In this case, the Administrative Appeals Tribunal upheld ASIC's 1 year disqualification period for one director (and extended the period to 18 months


Guidance on when a contractual breach will be remedied: Heugh v Central Petroleum Ltd No 5 2014 WASC 311
  • Gilbert + Tobin
  • Australia
  • November 18 2014

This case provides useful insight into when a serious breach of a contract will be remedied, in this case in the context of an employment contract