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Strata Sorrows for Opponents of AirBNB - Oct 2017

The Tribunal responsible for determining strata disputes in NSW recently ruled in favour of an applicant who had challenged a by-law enacted in her strata scheme which had the effect of banning short-term letting in the building. She had been renting out her apartment using AirBNB in particular.

In the decision in Estens v Owners Strata Plan 11825, NSW Civil and Administrative Tribunal (NCAT) found that the Owners Corporation did not have power to make the by-law in question.

ASIC Guidance on cryptocurrency token sales: a ban or sensible regulation? - Sep 2017

The Australian Securities and Investment Commission (ASIC) yesterday issued a press release and guidance for those considering launching an Initial Coin Offering (ICO/Token Sales). Given the ease with which an ICO (also known as a Token Sale) can be launched, and the huge amounts raised to date (USD$2.115 billion this year alone) this guidance has been eagerly awaited from ASIC. 
Partner, Mike Bacina discusses.

Unlocking cryptocurrency token sales - Sep 2017

If it walks like a financial product, looks like a financial product and quacks like a financial product…

  • Token sales (also known as Initial Coin Offerings) offer a new form of fundraising which involve an exchange of fiat currency (US or Australian dollars for example) for a digital token. The sales are proving immensely popular with high risk investors.
  • Digital tokens generally fall within the category of either protocol tokens (such as Bitcoin) where the token itself has intrinsic value, asset-backed tokens (such as The DAO tokens) where a token holder is entitled to a real underlying asset, or access tokens (such as Golem) where tokens are used to access a network, often which has not yet been built.
  • There is a risk of token sales falling under securities law regulations, in addition to potential GST issues under the ‘Netflix tax’, which create uncertainty for businesses looking to harness this new source of potential funding.

Smart contracts in Australia: just how clever are they? - Aug 2017

Lawyers in practice today live in a world of ongoing disruption. As automation,  artificial intelligence and blockchain technology assists in reducing the costs of business transactions and increases the reliability of record keeping, the adoption of smart  contracts is an opportunity for lawyers to help their clients improve efficiency and to reduce the scope for disputes, and a challenge for lawyers who do not stay abreast of this area.

Litigation Funding 2017 – a global comparative guide - Apr 2017

In December 2016, senior litigation partners Gordon Grieve, Greg Whyte and Simon Morris contributed the Australian chapter of the first edition of Litigation Funding 2017, published by Getting the Deal Through. The publication compares the legal and practical issues relating to third-party litigation around the world.

An Unreasonable Refusal To Settle? VWA v O’Brien - Mar 2017

In the matter of the Victorian Workcover Authority v Kevin Edward O’Brien [2017] VSC 68, a question arose as to whether the successful party was entitled to something other than a standard costs order following the rejection by the plaintiff of a Calderbank offer served prior to trial.  The decision of the Supreme Court of Victoria offers a timely reminder when considering how to frame or respond to an offer of settlement to resolve the substantive issues in dispute.

Partner, Ian Nathaniel and Senior Associate, Ben Hartley discuss further.

A Hastie claim for privilege - Hastie Group Ltd (in liq) v Moore [2016] NSWCA 305 - Mar 2017

The New South Wales Court of Appeal granted leave to appeal following a finding that certain documents relating to attempts to secure litigation funding were not privileged. 

Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, Jessica Casey, discuss further.

Rebecca Raskin v Mediterranean Olives Estate Limited (ACN 091 024 396) & ORS [2017] VSC 94 - Mar 2017

In the matter of Rebecca Raskin v Mediterranean Olives Estate Limited & ORS [2017] VSC 94 the Supreme Court of Victoria decided that an expert determination clause was not a submission to arbitration and it will be void for uncertainty where the clause does not provide for essential dispute resolution procedures.

Partner, Ian Nathaniel, Senior Associate, Ben Hartley and Law Graduate, Olivia Dalton, discuss further. 

Security for Costs: Fish markets go begging? Felan’s Fisheries Pty Limited [2016] NSWSC 1351 - Oct 2016

In the matter of Felan’s Fisheries Pty Limited [2016] NSWSC 1351, the Supreme Court of New South Wales decided that a company was not entitled to security for costs, whilst its directors who were sued in their individual capacity were. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evans, discuss further.

Termite retains its bite: Termite Resources NL (in liq) v Meadows [2016] FCA 1171 - Oct 2016

In the case of Termite Resources NL (in liq) v Meadows [2016] FCA 1171, the Federal Court dismissed an application to strike out a statement of claim for not pleading a cause of action. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

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