News
Risks for discretionary trusts acquiring land where a beneficiary is overseas
Our nation has a long history of migration. As such, many Australians have at least one relative who resides overseas. Young people leaving the nest to spend time with relatives back in …
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ESG Litigation Series: Damned if you do, damned if you don’t: What is ‘Greenhushing’ and why it won’t save companies from ‘Greenwashing’
While financial performance has always been at the forefront of corporate executives’ and shareholders’ minds, ESG performance is now a significant aspect for companies. It is expected that the Government will mandate …
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Don’t Bank on It: Philipp v Barclays Bank UK reaffirms Banks offer limited protection against scams where customers themselves authorise transactions
In February 2023, the Australian Bureau of Statistics revealed that two thirds of Australians aged 15 years and over were exposed to a scam in 2021-22. The Australian Competition and Consumer Commission …
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Risks of unilateral cost variations in fixed-price home building contract
WA builders are operating in a difficult environment. Governments responded to the pandemic with stimulus, fuelling the residential building sector and contributing to inflation amid unprecedented demand for materials and labour. Some …
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Denial of Natural Justice as a Defence to Enforcement of a Chinese Judgment in Australia
In Yin v Wu [2023] VSCA 130, the Court of Appeal of the Supreme Court of Victoria set aside a judgment which had affirmed the enforcement a Chinese judgment by an Associate …
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Reviews in review: The businesses suing and being sued over their online reviews
Managing online reviews should be an inherent part of owning a business with an online presence. With many businesses relying on online traffic to attract customers, a single negative review can be …
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Get it in writing: the risks of suing on the basis of oral conversations
A recent decision by the New South Wales Supreme Court has highlighted the significant risks of commencing legal proceedings relying on oral conversations. In Xue v Karimbla Properties (No. 45) Pty Ltd …
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Spitting the dummy bids: ASIC’s recent crackdown on market manipulation
ASIC’s enduring regulatory function of targeting ‘misconduct damaging to market integrity’, which includes insider trading and market manipulation, has seen it increasingly targeting ‘misconduct that involves misinformation through social media’. One focus …
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Trade marks and naming a sea vessel – what lies beyond the trade mark register
Branding for sea vessels is an important consideration for cruise line operators, ferry operators, and luxury vessel operators. The name of the vessel is a part of the allure of the experience, …
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Can you record someone without their consent? And if you do, can you publish the recording?
Recently, the ABC program Media Watch reported that controversial social media political commentator Jordan Shanks, better known as FriendlyJordies, obtained recordings of former New South Wales Deputy Premier John Barilaro that were …
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