Binding Financial Agreements under duress in the High Court

By Alex Wynn • In Dispute Resolution, Family Law, LitigationComments Off on Binding Financial Agreements under duress in the High Court

In early August this year the High Court of Australia is to hear an important case about the validity of property settlement agreements in Family Law. These agreements are referred to by lawyers as ‘Binding Financial Agreements’. They include ‘pre-nups’ which are made at the beginning of a relationship. Made

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Low v Barnet (Trustee) [2017] FCAFC 60

By Tim Elliott • In Bankruptcy Law, Dispute Resolution, Insolvency Law, LitigationComments Off on Low v Barnet (Trustee) [2017] FCAFC 60

Introduction Recently, the Federal Court of Australia (Court of Appeal) has passed judgment regarding a sole creditor seeking every realisable dollar of a bankrupt’s estate in the matter of Low v Barnet (Trustee) [2017] FCAFC 60. The appeal was heard before Flick, Jagot and Gleeson JJ. Facts In 1993, Ms

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Do you purge your contempt?

By Danny Bycroft • In Dispute Resolution, Law, LitigationComments Off on Do you purge your contempt?

The Supreme Court of Victoria has recently served notices to appear on Commonwealth Government Health Minister Greg Hunt, Assistant Treasurer Michael Sukkar and Human Services Minister Alan Tudge. The Ministers have been asked to appear before the Court to “make any submissions as to why they should not be referred

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Request for extension of time in FPA claim denied

By Dan O'Connor • In Litigation, WillsComments Off on Request for extension of time in FPA claim denied

The recent decision of Frastika v Cosgrove as executor of the estate of Russell Walter O’Halloran (Deceased) [2016] QSC 312 emphasises the importance of complying with legislative timeframes when lodging an FPA application. In this matter, Mrs Frastika applied for greater provision to be made for her out of her

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The High Court finds employer liable for employee’s intentional criminal acts

By Margaret Miller • In Employment Law, LitigationComments Off on The High Court finds employer liable for employee’s intentional criminal acts

On 5 October 2016 in Prince Alfred College Incorporated v ADC [2016] HCA 37, the High Court confirmed that, in special cases, employers can be vicariously liable for intentional criminal acts of their employees. Employers can be vicariously liable for the harmful acts of their employees done within the course of their employment,

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Fining Franchisors – A Future Trend?

By Margaret Miller • In Commercial Law, LitigationComments Off on Fining Franchisors – A Future Trend?

Consumer watchdog the ACCC has begun cracking down on franchisor misbehaviour, bolstered by the powers awarded to it under the revised Franchising Code of Conduct. The start of 2015 heralded the amended Code coming into effect, thanks to a slew of franchisor disputes and governmental inquiries. The Code now contains

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Recent cases provide a further warning on underpayment penalties for Employers

By Margaret Miller • In Employment Law, LitigationComments Off on Recent cases provide a further warning on underpayment penalties for Employers

So far in 2016, the Fair Work Ombudsman (FWO) has been in the news for successfully prosecuting several companies for unlawful underpayments to employees. The courts are imposing record penalties on companies and their directors. The FWO published an open letter on the FWO website, warning companies and directors of

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Input tax claims by a retirement village developer rejected by AAT

By Margaret Miller • In LitigationComments Off on Input tax claims by a retirement village developer rejected by AAT

On 7 September 2016 in RSPG v The Commissioner of Taxation, the Administrative Appeals Tribunal affirmed a decision of the Commissioner of Taxation which may affect retirement village developers significantly. On 27 January 2016, the Commissioner of Taxation objected to how a retirement village developer/operator calculated its entitlement to input

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The Dangers of Self-Representation

By Danny Bycroft • In LitigationComments Off on The Dangers of Self-Representation

One of the pillars of the Australian legal system is that, as an essential part of our everyday lives, it must be accessible to everyone. The advantages of self-representing in legal proceedings include having control over your matter and the cost effectiveness of appearing in Court without paying legal fees. 

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What is privacy in 2016?

By Danny Bycroft • In Intellectual Property, LitigationComments Off on What is privacy in 2016?

On 28 September 2016, in response to the claim by a group of Melbourne academics that they were able re-identify who certain medical information belonged to on the Australian Government website data.gov.au, Attorney-General George Brandis announced tough new amendments to the Privacy Act 1988 (Cth) (“the Act”) which will make

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