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Commercial Equity Publications

Originating process, pleadings and amendment: Queensland

8-4-19 / James Green, Borcsa Vass — Banking, Building & Construction, Commercial Equity, Competition & Consumer, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, Judicial Review & Administrative, Land Law & Property, Media & Defamation, Planning & Environment, Professional Negligence, Resources & Energy, Succession

James Green and Borcsa Vass have contributed the chapter 'Originating process, pleadings and amendment: Queensland' to Thomson Reuters' Practical Law Australia Dispute Resolution module. This chapter explains how proceedings are commenced and the practice and procedure of pleadings, particulars and amendment in Queensland under the Uniform Civil Procedure Rules 1999 (Qld)…

All cards face up: practical and ethical considerations when applying for ex parte relief

14-2-19 / Rob Anderson KC, David Chesterman KC — Banking, Building & Construction, Commercial Equity, Competition & Consumer, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, International, Land Law & Property, Media & Defamation, Planning & Environment, Professional Negligence, Resources & Energy, Succession

Litigants are usually within their rights to chose what material they place before the Court; or, in other words, to chose what cards they play. Ex parte applications are an exception. Recent cases have provided lawyers with a stark reminder of their duty to make full and frank disclosure when making a…

Are fiduciary duties, under Australian law, confined to the two proscriptive duties of no profit and no conflict?

9-11-18 / Glenn Newton KC — Commercial Equity, Corporations

LLM dissertation: Are fiduciary duties, under Australian law, confined to the two proscriptive duties of no profit and no conflict? The dissertation was described by Edelman J as “… the most comprehensive deconstruction of modern Australian fiduciary law that I have read". A copy of the paper prepared by Glenn…

A Post-Aon Doctrine of Abuse of Process: UBS AG v Tyne (as Trustee of the Argot Trust)

1-1-18 / Benjamin Teng — Appellate, Commercial Equity

Benjamin Teng co-authored this case note published in the University of Western Australia Law Review with Hannah Williams. It concerns the decision of the High Court of Australia in UBS AG v Tyne (as trustee of the Argot Trust) to find an abuse of process in less oppressive circumstances than…

Disclosure of Trust Information: Discretionary or Principle-Based Jurisdiction

1-9-17 / Mohammud Jaamae Hafeez-Baig — Commercial Equity

(2017) 23(3) Trusts & Trustees (with Jordan English)