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What is the process of tracing in civil litigation?
In Toksoz v Westpac Banking Corporation (2012) 289 ALR 577, the Court found tracing to be an evidentiary process used to establish a connexion between original and current property. The Court used multiple factors to trace money back to Mrs G, and opened remedies for those affected by her husband’s fraud.
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Is it a debt? – legal test and creditors’ statutory demands
This article examines a Court decision that could have a significant impact on creditors making statutory demands. Learn more about the case of Matrix Group Co Pty Ltd [2021] NSWSC 1042, and the implications for creditors, as well as relevant legislation and case law.
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Can social media chat logs be documents in Federal Court?
The Federal Court has addressed the hearsay rule exception of using a log from an instant messaging platform to prove the identity of the sender, date, time of the message, and contents of the statement.
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Just and equitable grounds – but what about that helicopter?
A breakdown in the relationship between two equal shareholders of a company led to a just and equitable winding up of the company. Find out more about the remedies available to shareholders in such a situation, including just and equitable winding up, shareholder oppression, shareholders agreements, and inconsistency clauses.
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Trade mark infringement – the good faith defence
Navigating trade mark law can be difficult. This article explains the good faith defence and what circumstances must be fulfilled for it to be available, as well as relevant case law and further info.
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Admissibility of evidence from the Wayback Machine
The Federal Circuit Court found screenshots from the Wayback Machine admissible in a case on deceptive conduct, deeming them authentic and relevant.
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IP licences and government transfer duty
Ipso Facto Clauses in commercial contracts are subject to a stay on enforcement as of 1 July 2018. This stay may be extended by a Court, and there are exclusions as prescribed by regulations and declarations.
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Swiss company hands over user data
A Court order in Switzerland raises questions about Australian law enforcement’s ability to access encrypted data. This article explores the legislative perspective on accessing private or business communications, and the steps taken to protect transmitted information.
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Director identification numbers now a reality
The Federal Government has passed a law requiring all directors to obtain a Director Identification Number (DIN). Learn more about the implications of this law, including the potential penalties for non-compliance.
