Legal insights

  • Review of QBCC decisions – pt 6

    Review of QBCC decisions – pt 6

    This article looks at the potential consequences of the Queensland Building and Construction Commission (QBCC)’s failure to act on a complaint about defective building work within the limitation period. Learn more about the potential arguments you can make in a similar situation.

  • Review of QBCC decisions – pt 5

    Review of QBCC decisions – pt 5

    This article explores the implications of choosing internal or external review when issuing notices to rectify defective domestic building work in Queensland. Learn more about the time limitations and potential impacts of this decision.

  • Legal costs – discontinuing by consent in the Federal Court

    Legal costs – discontinuing by consent in the Federal Court

    Businesses must take care when making forecasts, as potential legal consequences may arise if records of the basis for them are not kept.

  • What is standard discovery in Federal Court?

    What is standard discovery in Federal Court?

    This article provides an in-depth look into the requirements of standard discovery in the Federal Court of Australia. Learn more about the relevance of documents, what constitutes ‘readily accessible’ documents, and relevant case law for narrowing the scope of discovery for a just resolution of disputes.

  • Can contractors owe fiduciary duties to principals?

    Can contractors owe fiduciary duties to principals?

    This article examines whether independent contractors owe fiduciary duties to their principal, as well as any additional statutory duties that may be imposed on independent contractors who are company directors.

  • Inspection of documents in the Federal Court process

    Inspection of documents in the Federal Court process

    Document inspection in civil litigation before the Federal Court of Australia: rights of parties, rights of non-parties, court rules, and the two exceptions to presumption of access for non-parties.

  • Is it possible to obtain oppression orders during company liquidation?

    Is it possible to obtain oppression orders during company liquidation?

    Despite liquidation, minority shareholders may still have remedies if they were treated unfairly. Learn more in our article, “Shareholder Oppression and Liquidation: Are Remedies Still Available?”

  • Disputed debts in body corporate matters

    Disputed debts in body corporate matters

    This article examines the potential consequences of missing contribution levy payments in community titles schemes. It looks at specific cases and the risks associated with disputed body corporate debts, including the High Court decision of David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48.

  • Essentials for proving service in Federal Court

    Essentials for proving service in Federal Court

    Applicants must serve documents on Respondent personally. If evaded, can apply for Deemed or Substituted Service, with proof of attempts, and leave to serve outside Australia if overseas.

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