The Full Federal Court has held that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued While the decision is a win for taxpayers and creditors of insolvent entities it remains to be seen how the Commissioner of Taxation will respond ...

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...

A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...

Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...

This Insight examines the latest developments in international arbitration ...

The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...