An Insurer’s Duty of Utmost Good Faith
Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701 The Chief Justice of the Federal Court of Australia (Allsop CJ) recently added to the growing weight of jurisprudence…
King Reigns All: High Court Decides Holding Companies May Be Held Accountable for Subsidiary Company Actions
The High Court of Australia decision broadens section 9 of the Corporations Act 2001 interpretation, meaning that potentially anyone can be considered an Officer of a Company if they have the capacity to affect significantly the financial standing of that Company.
Building and Construction Contracts: The Importance of Good Contract Administration
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 home-builder grants have…
Debt Recovery and Maximising Costs Recoveries
No business wants the cashflow interruption or the diversion of attention that having to chase a debt brings. Almost inevitably, though, businesses at some point will be faced with the prospect of…
A Win for Women in Pelvic Mesh Class Action - for the Moment …
GILL v ETHICON SÁRL & ORS (NO 5) [2019] FCA 1905 This was a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) concerning nine uro-gynaecological devices…
Onus of Proof in Tax Disputes
For taxpayers engaged in matters with the Australian Taxation Office (ATO) where facts are in dispute, the ATO will point out that the taxpayer bears an onus to prove facts it asserts. This onus is…
COVID-19: Changes in the Court System You Need to Know About
With the rapidly evolving COVID-19 situation, it can be challenging to keep up with the changes to the South Australian legal system. This can be particularly stressful if you have court proceedings…
Federal Government Announces Temporary Changes to Insolvency Laws
Relief for Financially Distressed Businesses
Contract Termination for Insolvency – Not Anymore!
So you think that you have the right to terminate a contract if the other side is insolvent? Maybe not as of 1 July 2018. New laws have recently come into effect preventing parties from enforcing…
Wills: Greedy v Needy
Dissecting Decisions: Swanson v Reis [2018] SASC 20 An Inheritance (Family Provision) claim has been dismissed on the first limb for the first time in South Australia. The age old question, is there…
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DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.
