Application of Personal Properties Securities Act 2009 (Cth) and the operation of section 588FL and section 588FN of the Corporations Act 2001 (Cth)
High Court finds settlement between one co-surety and lender does not affect other co-surety’s right to claim contribution in equity where contribution disproportionate
The decision of the High Court of Australia confirms and explains the application of the equitable doctrine of contribution between co-sureties. It provides a helpful summary of the law in respect of co-ordinate liabilities and the nature of covenants not to sue, all of which should be kept in mind by co-sureties when settling recovery proceedings brought against them by a lender.
Update on the ACCC’s latest civil penalty actions against energy retailers under the Australian Consumer Law.
Civil penalties and compliance orders awarded against Snowy Hydro for breach of National Electricity Rules regarding dispatch in the wholesale electricity market.
Overview of the inquiry’s findings and recommendations regarding fire risk management and response at the Hazelwood mine.
What connections between a lawyer and a litigation funder are appropriate in class actions and other litigation
Circumstances in which lawyers who are connected with litigation funders and stand to benefit from a contingency fee arrangement (either directly or indirectly) – will be restrained from continuing to act in order to protect the integrity of the judicial process and the due administration of justice.
Appeal against $1.8 million judgment in favour of domestic building insurer fails as appeal point not raised below
The New South Wales Court of Appeal has refused leave to add a ground of appeal against a judgment that the director of a building company and his wife indemnify an insurer for over $1 million paid out to home owners, as the appeal point on which the appellants now sought to rely was not raised before the primary judge.
Justice Hargrave has declined to follow the earlier decision of Justice Pagone in Solak v Bank of Western Australia Ltd  VSC 82. The cases involved the construction of a registered “all monies” mortgage which included a forged mortgage document and a forged loan agreement. Justice Hargrave followed New South Wales Court of Appeal decisions in holding that the mortgage effectively secures nothing because the underlying loan documents had been forged.
Are proceedings before the AFL Anti-Doping Tribunal an “arbitration” for the purposes of the Commercial Arbitration Act 2011 (Vic) such that ASADA is entitled to subpoenas pursuant to section 27A of the Act requiring witnesses to attend and produce documents before the Tribunal?
The Government has given industry one last chance to agree an industry code for a “graduated response” scheme for alleged online infringers before it will step in and impose its own scheme.
The Vexatious Proceedings Act 2014 (Vic) (the “Act”) commenced on 31 October 2014, and repeals the previous single-tier system for dealing with vexatious litigants in (the then) s21 Supreme Court Act 1986 (Vic).
Interview with Cam Truong. This is the second in a four part series of interviews between CommBar and some of the Asia Practice Section’s up-and-coming members who explain something about their backgrounds and how life at the Bar for a person of Asian heritage throws up challenges.
Dallas Buyers Club LLC is suing ISPs in Australia to identify subscribers alleged to have downloaded the film without permission
NSW planning laws reforms set to restore public confidence in the planning system and the introduction of ePlanning that inter alia increases transparency and access to information.