The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

In a decision published this week the Australian Privacy Commissioner has clarified that metadata may be personal information when an organisation has the capacity and resources to link that information to an individual Partner Michael Pattison Associate Priyanka Nair and Law Graduate Leah Wickman ...

A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

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 ...

Workplace Relations: We look at an adverse action case; why a redundancy doesn't constitute a termination; the importance of a consistent process to deal with workplace bullying; the fairness of a dismissal for failing workplace drug tests; and preventing an employee going to work with a competitor ...

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 ...

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...