What Royal Commission? The pendulum swings the other way on the regulation of financial advice

Winding back regulatory reform – so soon? The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry hauled the banking sector and financial planning industry over the coals.  The road ...

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Taking the clickbait: High Court rules a Google hyperlink is not publication

Organisations can be targeted by traditional or social media campaigns. The hurt and damage to reputation can be challenging. While tempting to set the record straight, pursuing a defamation action can be tricky, risky and costly....

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“Well past its use-by date” – Supreme Court recommends overhaul of Litigious Costs and opens the door for more sophisticated litigation planning

Our court system work on a loser-pays system. If you lose in litigation you are likely going to be required to pay the other side's costs. Being able to estimate that cost and risk is a critical consideration when assessing an org...

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Court considers form of orders in first anti-phoenixing case

In Re Intellicomms Pty Ltd (in liq) [2022] VSC 228, the Supreme Court of Victoria held that a sale agreement entered into by Intellicomms Pty Ltd ("Company") was a creditor‐defeating disposition within the meaning of s 588FDB(1)...

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Back from the legally dead: the consequences of a company’s reinstatement post deregistration

In Thorne Developments Pty Ltd v Laird [2022] QSC 085 heard in the Queensland Supreme Court, the plaintiff sought an order to validate, amongst other things, an agreement with the defendants for the sale of shares made during a pe...

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Judicial bias bowls over judgment

Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022] FCA 846 The decision of Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022] FCA 846 provides ...

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