Insights

On second thoughts... Can a settlement offer be accepted even after it has been rejected?

The Federal Court of Australia has held that an offer to settle made pursuant to its Court rules may remain open, even after it has been expressly rejected or a counter-offer has been made. The...

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Funders may not have to provide security for costs in employee underpayment class actions

On 10 November 2020, the Full Court of the Federal Court of Australia overturned orders made by Justice Lee which required the litigation funder to provide security for costs in two class actions...

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Ground breaking climate change lawsuit settles on court house steps

Here's the wash-up: REST has settled an action brought by a fund member concerned that REST was failing to protect his retirement savings from the financial ravages of climate change.

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COVID-19 and adjournment applications: balancing due process with flexibility and customisation

Recent decisions show that the courts will go to significant lengths to adapt procedures to continue with trial and appellate hearings despite COVID-19 related disruptions.

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Your corporate Facebook page: liability for third-party comments confirmed

On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings, the Court of Appeal has upheld the finding that media companies were...

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Does a non-compliant supporting statement invalidate a payment claim served in NSW?

The Court of Appeal has now in TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 clarified that a non-compliant supporting statement by a head contractor under s13(7) of the...

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Surviving the Curve: Creditors, Contracts and Trade Credit Insurance

Navigating trade credit insurance policies.

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A warning and opportunity for liquidators pursuing unfair preference claims

In its recent decision in the ongoing Solar Shop litigation, the Full Federal Court established two key principles which will have significant ongoing implications for the conduct of unfair...

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Three game changers in 10 days in the class action space

First, on 29 November 2019, the Queensland floods class action judgement was delivered by Beech-Jones J in Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No...

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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“Just and equitable” winding up: a viable cure for creditor distress and shareholder oppression

The Supreme Court of Victoria’s recent decision in Pacific Dairies Limited v Orican Pty Ltd illustrates judicial unwillingness to interfere in shareholder disputes, even in cases involving...

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The continued saga of the Babcock & Brown liquidation

In a decision of the Federal Court handed down on 18 October 2019 in Masters v Lombe (Liquidator); In the Matter of Babcock & Brown Limited (In Liquidation) [2019] FCA 1720, Foster J held that...

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Matters of interest – fixed or floating?

A recent decision of the Supreme Court of Queensland has highlighted the need to be vigilant when calculating pre-judgment interest, particularly in respect of long running litigation.

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Class Action Update - Shifting Sands: Orders for defendants to produce insurance policies

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.

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A bitter pill to swallow: When an “Offer” is actually an agreement

The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter...

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Hobson’s Choice? Statutory unconscionability revisited in ASIC v Kobelt

By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court’s decision regarding the actions of a storekeeper who provided a “book-up” credit service to indigenous residents in...

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Angas Securities scheme of arrangement approved

On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.

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Dispute Resolution Update - February 2019

Our 2019 Half Year Dispute Resolution update details our significant case developments and wins, including our listing as a Band 1 Practice for Dispute Resolution in the Asia Pacific Legal 500 for...

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Guaranteeing payment under an unconditional bank guarantee: Santos v BNP Paribas

The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...

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Royal Commission into Aged Care Quality and Safety

With the first week of hearings due to commence on Monday 11 February, we thought it was timely to reflect on the preliminary hearing in mid-January and to give you some insights into what you...

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Foreign Bribery Update: December 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, commercial crime, investigations and regulation to 19 December 2018.

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BOQ caught out on insurance policy clause

A judgment handed down in the Supreme Court of New South Wales this week involving the Bank of Queensland (Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689) highlights just how critical...

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Recalibration of funding commissions to better link risk and reward

Lenthall reaffirms the Federal Court’s preference for common fund orders with funding commission rates struck by the lesser of a multiple of costs or net recoveries to better link risk and reward.

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Linc Energy – High Court refuses special leave to Qld State Government

The High Court has refused to grant the Queensland State Government (Qld Government) special leave to appeal the Queensland Court of Appeal’s March 2018 decision in favour of the liquidators of...

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