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Director penalty notices - Dec 2017

Given the Government’s recent consultations regarding a possible extension of the Director Penalty Regime to make directors personally liable for unremitted GST, and the increasing activity of the ATO in utilising these provisions, now is an appropriate time for all directors to ensure that they (and their advisers) have a clear understanding of when they may become personally liable for the taxation debts of their company, what they need to do to best protect themselves against such liability and what they should do upon receipt of a director penalty notice. Senior Associate, James Nunn provides an easily digestible summary addressing these matters.

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.

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. 

Electronic Signature Enforcement Exposure - Oct 2016

The rise of the internet has been disruptive to many traditions, and the humble paper contract is no exception. Dozens of online services now permit users to upload an image of their signature to digitally sign contracts. However, the warm feeling of complacency and technological superiority that can come with signing contracts with slick graphics and a smooth interface can be misleading, as one company recently learned in the case of Williams v Crocker.

This decision is a reminder to be vigilant and verify any signature on important documents, whether they are signed digitally or physically.

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.

Litigation funders on notice: Ryan Carter and Esplanade Holdings Pty Ltd v Caason Investments Pty Ltd & Ors [2016] VSCA 236. - Oct 2016

The Victorian Court of Appeal has upheld a decision to award costs against two non-parties. Partner, Ian Nathaniel, Senior Associate, Ben Hartley, and Law Graduate, John Evansdiscuss further.

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