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1,188 results found

Article

Cordato Partners | Australia | 9 Jun 2019

Is a company director personally liable if they fail to keep financial records?

It’s tempting for a company director to not respond to a liquidator’s request to produce financial records if they contain incriminating material, but

Article

Gilbert + Tobin | Australia | 24 May 2019

Competing Class Actions: First in not best dressed

On 23 May 2019, the NSW Supreme Court handed down its decision on which of the five shareholder class actions filed against AMP Ltd (AMP) will be

Article

Corrs Chambers Westgarth | Australia | 24 May 2019

AMP class action: NSW Supreme Court provides guidance on factors to be considered in ‘beauty parades’

The ‘race to the registry’ in competing class actions has become a common phenomenon in the shareholder space. The response of the Courts has been to

Article

McCabe Curwood | Australia | 21 May 2019

Know your function! Receiver gets hammered by Court for acting outside scope

In the recent case of In the matter of Gondon Five Pty Limited and Cui Family Asset Management Pty Limited 2019 NSWSC 469, the New South Wales

Article

McCabe Curwood | Australia | 7 May 2019

Causation without a cause

There does not need to be a direct causal link between the cause and the damage. Rather, it is sufficient to establish that the damage would not have

Article

Cordato Partners | Australia | 6 May 2019

Using building non-compliance to rescind a Contract for Sale of Land

Looking for a reason to walk away from a Contract for Sale without losing her deposit, Victoria King chose to rely upon a breach of the building

Article

Piper Alderman | Australia | 3 May 2019

Counter-offers are not enough. Why you need a building contract

Although it is common practice for parties to commence construction works whilst the contract terms are still being negotiated, this presents

Article

Sydney Criminal Lawyers | Australia | 23 Apr 2019

Police Cannot Persist with Questioning After Right to Silence Is Exercised

Although, it’s been under threat in NSW over recent years, the right to silence is still a fundamental principle in

Article

McCabe Curwood | Australia | 15 Apr 2019

What is the definition of ‘uninjured’ as it appears in the Permanent Impairment Guidelines?

A recent decision by the Supreme Court considers what 'uninjured' means in the context of clause 1.51 of the Permanent Impairment Guidelines. In

Article

Addisons | Australia | 11 Apr 2019

Are media companies responsible for defamatory Facebook comments made by third parties? NSWSC to decide in 'novel' case

The New South Wales Supreme Court is currently considering whether media companies who operate Facebook pages are liable for defamatory comments left

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