Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701 The Chief Justice of the Federal Court of Australia (Allsop CJ)...
It’s an all too common scenario: Company A is based in South Australia; Company B is based in Queensland; Company A provides services...
“What is the line between inspiration and appropriation?” This is how Federal Court Judge the Honourable Justice Katzmann began her 75-page judgment on...
Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 In 2016, the Federal Court ordered Reckitt...
No business wants the cashflow interruption or the diversion of attention that having to chase a debt brings. Almost inevitably, though, businesses at...
For taxpayers engaged in matters with the Australian Taxation Office (ATO) where facts are in dispute, the ATO will point out that the...
GILL v ETHICON SÁRL & ORS (NO 5) [2019] FCA 1905 This was a representative proceeding under Part IVA of the Federal Court...
Adelaide’s landscape is constantly changing. Although the COVID-19 pandemic has stymied the growth of many industries, the State Government’s Renew Adelaide project and...
The High Court of Australia decision broadens section 9 of the Corporations Act 2001 interpretation, meaning that potentially anyone can be considered an...
With the rapidly evolving COVID-19 situation, it can be challenging to keep up with the changes to the South Australian legal system. This...
Relief for Financially Distressed Businesses After acknowledging that measures to slow the spread of coronavirus could cause many otherwise profitable businesses to face...
Dissecting Decisions: Swanson v Reis [2018] SASC 20 An Inheritance (Family Provision) claim has been dismissed on the first limb for the first...
Is Morton v Rexel Electrical Supplies Pty Ltd [2015] QDC 49 (Rexel) gaining ground across Australia? In 2015, Queensland District Court Judge Searles...
So you think that you have the right to terminate a contract if the other side is insolvent? Maybe not as of 1...
Arson by Deceased Leads to Claim on Life Insurance Policy Summary In 2008 a house on the outskirts of Renmark in the South...
With the fun, competition and pageantry of the Adelaide Show over for another year, we take a peek behind the scenes at the...
What seems grossly unjust at first glance, is often more complicated than we think. A tale often told, a father passes away, leaving...
The trustee has been quoted to be the ‘archetype of a fiduciary’.[1] The trustee and beneficiary relationship is the most traditional fiduciary relationship...
The imitation game: the perils of copying a developer’s code How much pre-existing source code can a software or firmware developer use before...
Have you or are you being oppressed? Companies are, more often than not, controlled by a single shareholder or a group of shareholders....
If you’ve lived in South Australia for any length of time, you may have heard of Mouldens. Founded in 1851 Mouldens are highly...
Are Directors Liable for their Company’s Contraventions of the Corporations Act? The ‘stepping stone’ doctrine is the term used to describe an action...
In late March 2017, draft reform legislation in relation to the Corporations Act 2001 (Cth) (“the Act”) was introduced as part of the...
It’s a common, and often savvy, tool used in negotiations and disputes, however, can marking your correspondence as “without prejudice” actually have the...
It is an unfortunate, but all too common, scenario that upon the death of a family member – usually a parent – the...
“The first thing we do, let’s kill all the lawyers” William Shakespeare (1564-1616). But then who will we have left to sue? It...
Can a liquidator of a Corporate Trustee sell assets previously held in the name of that trustee if the Company is no longer...
A “make work scheme”? Can liquidators pursue preference claims which, in isolation, may do no more than pay for the cost of the...
Does damage to “body, mind and soul” in commercial proceedings amount to “personal injury”? In Garrett v Mildara Blass Limited [2015] SASC 176...
“If you must be in a hurry, then let it be according to the old adage, and hasten slowly” – Saint Vincent de...