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A Question of Duty

21-6-24 / Paul McQuade KC — Corporate Insolvency & Bankruptcy, Corporations

In the June 2024 Edition of the ARITA Journal, Paul McQuade KC, Dr David Goldman and Jason Bettles consider a recent case brought by a practitioner which raises the question of who IPs owe duties to. The article also highlights the importance of maintaining accurate records. You can read the…

Vanderstock v Victoria: Free Trade and Federalism (2024) 35 (1) Federal Law Review Law Review 13-23

1-5-24 / Sarah Spottiswood — Appellate, Judicial Review & Administrative, Tax

In Vanderstock v Victoria (2023) 98 ALJR 208, a 4-3 majority of the High Court held that a tax imposed by Victoria on the use of electric and hybrid vehicles was invalid. The majority held that the tax was a "duty of excise" which, under section 90 of the 'Constitution',…

Extending The Limitation Period On Bringing Applications For Statutory Compensation

23-4-24 / Paul McQuade KC — Corporate Insolvency & Bankruptcy, Corporations

Paul McQuade KC comments on the judgment of Binqld Finances Pty Ltd (in liq) v Binetter [2024] FCA 361 in relation to the scope of the Corporations Act 2001 and whether the limitation period for commencing a claim can be extended. You can read the article here.

Counterfactual Conundrum in Defamation

10-4-24 / Benjamin Teng — Appellate, Media & Defamation

Benjamin Teng authored this case note, published in the Law Quarterly Review. It concerns the decision of Wright v McCormack [2023] EWCA Civ 892 and argues this case represents an exception to counterfactual compensatory principle, being authority for the principle that litigation misconduct may reduce compensatory damages in defamation, if…

What’s my loss? “True value” under the Australian Consumer Law

20-2-24 / Roger Traves KC — Competition & Consumer

The assessment of damages under the Australian Consumer Law for misleading or deceptive conduct or breach of consumer guarantees often involves comparing the price paid for an asset or good and the value of the thing purchased. The purchase of a business by reason of misleading conduct as to its…