How to Freeze Crypto Assets in South Australia
Despite what some might think, the law applies to the Internet as it does to all relations among people, governments, and others.[1]
Two of a Kind: Federal Court Refuses to See Double in Case of Identical Pharmaceutical Products
Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 In 2016, the Federal Court ordered Reckitt Benckiser to pay a revised…
When are Directors Liable for Misleading or Deceptive Conduct, Passing off, Trade Mark Infringement or Unconscionable Conduct?
“What is the line between inspiration and appropriation?”
Jurisdiction Clauses: A Primer
It’s an all too common scenario: Company A is based in South Australia;Company B is based in Queensland;Company A provides services to Company B in Victoria under a contract;Company A breaches the…
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…
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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.
