Why Third-Party Reliance May be Sufficient for an Entitlement to Damages Misleading or deceptive conduct is a broad-spectrum cause of action that frequently arises in the practice of commercial litigation. Where a third party relies on misleading or deceptive conduct, and another party suffers loss and damage because of that third party’s reliance, the party continue reading
So, you’ve finally made it. You’re a newly minted lawyer with high hopes and dreams of courtroom victories in your head. But hold your horses! Before you start channelling your inner Harvey Specter or Elle Woods, let’s take a closer look at the challenges that lie ahead for young lawyers in Australia. First off, let’s continue reading
Before delving into the different types of corporate insolvency, it is important to understand the legal framework that governs insolvency in Australia. The main piece of legislation that deals with corporate insolvency is the Corporations Act 2001 (Cth) (the Act). The Act sets out the rules and procedures for dealing with companies that are in continue reading
The industrial revolution is often romanticised. We think of the early 19th century as a time of innovation and unlocking new ways of generating power, advancing methods of manufacturing, or improvements in metallurgy for the betterment of the world we live in today. We usually fail to think of the negative aspects of these transitions continue reading
As a business owner, dealing with shareholder disputes can be a challenging and stressful experience. Shareholder disputes can arise due to various reasons and can have significant legal and financial implications. Therefore, it is essential to have a thorough understanding of the legal landscape of shareholder disputes in Australia. In this article, I will provide continue reading
Decentralised Finance, or DeFi, is one of the latest trends in fintech. Since the launch of Bitcoin in 2009 along with the use of blockchain technology, new currencies have given rise to new markets. These new markets are built upon unclear regulation, anonymity, and not tied to any institution or jurisdiction. DeFi is the antithesis continue reading
Vast distances define Australia, making aviation a critical component of our economy. Post-Covid-19, the industry is flourishing, leading to fierce competition among airlines. However, increased competition can result in unsporting conduct, ultimately harming consumers and businesses alike. Therefore, understanding and applying competition law is essential for players in the skies. In this article, we delve continue reading
The building and construction industry is facing increasing costs, and shortages of materials and trade supplies, leaving many building companies struggling to sustain their operations. Homeowners are often left in a disadvantaged position as a result. When builders go bust, it is important that homeowners take appropriate steps to ensure completion of the construction of continue reading
It is no secret that the hospitality industry in Australia is facing major staffing challenges, especially in recruiting for skilled roles such as chefs. The shortage of skilled visas has added to the problem, with many foreign chefs unable to work in the country. This has led to an increased demand for local workers and continue reading
The aviation industry is constantly evolving and the introduction of the low-cost carrier (LCC) model has revolutionized the way we travel. The LCC model has disrupted the traditional airline industry and opened up a world of possibilities for travellers. In this article, we will take a closer look at how the LCC model works, the continue reading
Decentralised Finance (DeFi) is, by design, separate from traditional institutions, mainly the government. DeFi operates based on a community of investors seeing value in the financial instrument. This causes a problem for regulators, seeing as it is difficult to know who is investing and for what purpose without extensive investigation. Since the invention of blockchain continue reading
Most industries fear disruption, and for good reason. Kodak identified that the film business, where they made their profit, would be ruined by the digital camera, and Blockbuster, who made their profits on late fees, was brought down by online streaming. No industry is immune to the effects of disruption including the finance industry and continue reading
Employee share options and equity incentives can be powerful tools for attracting and retaining top talent, aligning employee and shareholder interests, and motivating employees to contribute to the success of a company. However, there are also potential disadvantages to these types of incentives that companies should be aware of when considering their use. One disadvantage continue reading
The Australian Securities and Investments Commission (ASIC) has taken the position that cryptocurrency investments are high-risk and speculative, and has warned consumers about the potential risks associated with investing in cryptocurrencies. ASIC has emphasized that cryptocurrencies are not legal tender and are not regulated in the same way as traditional currencies. This means that there continue reading
Creditors often ask whether they are entitled to lodge a caveat over a debtor’s property as a mechanism for securing payment of outstanding debts. While it is in force, a caveat prevents the registration of certain dealings affecting the land in relation to which it is lodged. Relevantly, a registered caveat will prevent the transfer continue reading
Employee share options and equity incentives can be powerful tools for attracting and retaining top talent, aligning employee and shareholder interests, and motivating employees to contribute to the success of a company. These benefits are particularly relevant in Australia, where the use of equity incentives has become increasingly common in recent years. One of the continue reading
Recovering loss of bargain damages following termination of a lease Most commercial leases contain clauses outlining the circumstances in which: the tenant will be in breach; and the landlord will be entitled to terminate the lease and recover any resulting loss or damage. Subject to certain restrictions and notice requirements1, termination in reliance on an continue reading
Bonuses are a long-standing and largely effective method of encouraging higher levels of performance from the employees of your business. Given bonuses are usually set on an economic basis, e.g. if we can secure (a) level of performance then we can afford to pay (b) to the employee, it is imperative that there are no continue reading
New workplace legislation, proposed by the Australian Government, is about Secure Jobs and Better Pay. With the introduction of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) on 27 October 2022, the Federal Government of Australia is pushing ahead with the most ambitious changes to the Fair Work Act 2009 (Cth) continue reading
The new Commonwealth Bill seeking to force companies to put consumers’ interests first. In the aftermath of recent major data breaches causing unprecedented amounts of private information being stolen, the Commonwealth Government has tabled The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (the Bill) to force companies to better protect their clients’ / continue reading
