Dispute Resolution & Insolvency

An Insurer’s Duty of Utmost Good Faith

June 30, 2021

Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701 The Chief Justice of the Federal Court of Australia (Allsop CJ)...

Read More

Jurisdiction Clauses: A Primer

June 30, 2021

It’s an all too common scenario: Company A is based in South Australia; Company B is based in Queensland; Company A provides services...

Read More

When are Directors Liable for Misleading or Deceptive Conduct, Passing off, Trade Mark Infringement or Unconscionable Conduct?

June 30, 2021

“What is the line between inspiration and appropriation?” This is how Federal Court Judge the Honourable Justice Katzmann began her 75-page judgment on...

Read More

Two of a Kind: Federal Court Refuses to See Double in Case of Identical Pharmaceutical Products

June 30, 2021

Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 In 2016, the Federal Court ordered Reckitt...

Read More

Debt Recovery and Maximising Costs Recoveries

December 17, 2020

No business wants the cashflow interruption or the diversion of attention that having to chase a debt brings. Almost inevitably, though, businesses at...

Read More

Onus of Proof in Tax Disputes

December 17, 2020

For taxpayers engaged in matters with the Australian Taxation Office (ATO) where facts are in dispute, the ATO will point out that the...

Read More

A Win for Women in Pelvic Mesh Class Action – for the Moment …

December 17, 2020

GILL v ETHICON SÁRL & ORS (NO 5) [2019] FCA 1905 This was a representative proceeding under Part IVA of the Federal Court...

Read More

Building and Construction Contracts: The Importance of Good Contract Administration

December 17, 2020

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...

Read More

King Reigns All: High Court Decides Holding Companies May Be Held Accountable for Subsidiary Company Actions

December 17, 2020

The High Court of Australia decision broadens section 9 of the Corporations Act 2001 interpretation, meaning that potentially anyone can be considered an...

Read More

COVID-19: Changes in the Court System You Need to Know About

April 23, 2020

With the rapidly evolving COVID-19 situation, it can be challenging to keep up with the changes to the South Australian legal system. This...

Read More

Federal Government Announces Temporary Changes to Insolvency Laws

March 26, 2020

Relief for Financially Distressed Businesses After acknowledging that measures to slow the spread of coronavirus could cause many otherwise profitable businesses to face...

Read More

Wills: Greedy v Needy

July 4, 2018

Dissecting Decisions: Swanson v Reis [2018] SASC 20 An Inheritance (Family Provision) claim has been dismissed on the first limb for the first...

Read More

Set-off Defence Gains Ground in Unfair Preference Claims

July 4, 2018

Is Morton v Rexel Electrical Supplies Pty Ltd [2015] QDC 49 (Rexel) gaining ground across Australia? In 2015, Queensland District Court Judge Searles...

Read More

Contract Termination for Insolvency – Not Anymore!

July 4, 2018

So you think that you have the right to terminate a contract if the other side is insolvent? Maybe not as of 1...

Read More

Australian Executor Trustee Ltd v Suncorp Life

November 8, 2017

Arson by Deceased Leads to Claim on Life Insurance Policy Summary In 2008 a house on the outskirts of Renmark in the South...

Read More

Client Profile: The Royal Agricultural & Horticultural Society of SA Inc

October 31, 2017

With the fun, competition and pageantry of the Adelaide Show over for another year, we take a peek behind the scenes at the...

Read More

Succession Law: Tiburzi v Butler [2017] SASCFC 89 (28 July 2017)

October 31, 2017

What seems grossly unjust at first glance, is often more complicated than we think. A tale often told, a father passes away, leaving...

Read More

The Risks of Acting for/as Trustee Companies

October 31, 2017

The trustee has been quoted to be the ‘archetype of a fiduciary’.[1] The trustee and beneficiary relationship is the most traditional fiduciary relationship...

Read More

Copyright Infringement

October 31, 2017

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...

Read More

Oppression Claims by Minority Shareholders

October 31, 2017

Have you or are you being oppressed? Companies are, more often than not, controlled by a single shareholder or a group of shareholders....

Read More

DW Fox Tucker Partners With One of SA’s Oldest Law Firms

June 22, 2017

If you’ve lived in South Australia for any length of time, you may have heard of Mouldens. Founded in 1851 Mouldens are highly...

Read More

The ‘Stepping Stone’ Doctrine

June 22, 2017

Are Directors Liable for their Company’s Contraventions of the Corporations Act? The ‘stepping stone’ doctrine is the term used to describe an action...

Read More

A Safe Harbour From Insolvent Trading?

June 22, 2017

In late March 2017, draft reform legislation in relation to the Corporations Act 2001 (Cth) (“the Act”) was introduced as part of the...

Read More

When Should “Without Prejudice” Be Used?

June 22, 2017

It’s a common, and often savvy, tool used in negotiations and disputes, however, can marking your correspondence as “without prejudice” actually have the...

Read More

Inheritance Disputes

December 16, 2016

It is an unfortunate, but all too common, scenario that upon the death of a family member – usually a parent – the...

Read More

Solicitor’s Duty of Care

May 26, 2016

“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...

Read More

Liquidator’s Beware – Selling Assets of an Insolvent Corporate Trustee

February 15, 2016

Can a liquidator of a Corporate Trustee sell assets previously held in the name of that trustee if the Company is no longer...

Read More

Litigation Funding in Recovery Proceedings

February 15, 2016

A “make work scheme”? Can liquidators pursue preference claims which, in isolation, may do no more than pay for the cost of the...

Read More

A Personally Injured Bankrupt?

February 15, 2016

Does damage to “body, mind and soul” in commercial proceedings amount to “personal injury”? In Garrett v Mildara Blass Limited [2015] SASC 176...

Read More

Strategy is King

September 7, 2015

“If you must be in a hurry, then let it be according to the old adage, and hasten slowly” – Saint Vincent de...

Read More

Legal Enquiry

Need assistance? Describe the matter and we’ll be in touch asap.

Legal Enquiry Form

News Subscription

Stay up to date. Key legal developments, firm news and events.

Subscribe Now

footer_logo

Level 14, 96-100 King William Street Adelaide SA 5000

CALL +61 8 8124 1811

Connect with us

© Copyright - DW Fox Tucker Lawyers - Commercial Lawyers Adelaide