Fruit of the poisonous tree: when illegally obtained evidence can be used in Court

In recent developments, the High Court of Australia in Kadir v The Queen; Grech v The Queen [2020] HCA 1 considered when illegally obtained evidence can be admissible in court and whether or not the American concept which excludes...

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That Company owes me Money! A Guide to issuing a Statutory Demand.

If a company owes you money and is refusing to pay, there are several things you can do to try and recover your money: one avenue is issuing a statutory demand. What is a statutory demand? A statutory demand is a legal document se...

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Update | Banking and Finance | February 2019

In this issue Royal Commission releases its final report Mutual sector announces review of Customer Owned Banking Code of Practice Banks have until July 2019 to comply with new Banking Code of Practice AFCA and the s...

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Uncertainty Continues for the Proportionate Liability Regime in Australia

In two recent cases, the Full Court of the Federal Court of Australia has considered the issue as to whether the proportionate liability provisions in the Commonwealth legislation apply in circumstances where a plaintiff has a num...

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Pressure Mounts on Timbercorp as Investors Entitled to Plead Defences Despite Having Participated in Class Action

The Victorian Court of Appeal has held in Timbercorp Finance Pty Ltd (In Liquation) v Collins and Tomes [2016] VSCA 128 that parties who participated in the unsuccessful class action against Timbercorp are not precluded from plead...

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High Court Clarifies, Limits Applicability of Corporations Act Proportionate Liability Regime

In our May 2015 E-alert entitled "Proportionate Liability Update - High Court Clarification Pending", we considered the submissions made on behalf of the Selig's and Wealthsure Pty Ltd to the High Court. The Selig's had appeale...

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