Litigation & Dispute Resolution

KHQ News & Insights

Giving evidence at a Royal Commission

The first hearing of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry will take place today in Melbourne. Although no witnesses will be called at this initial public hearing, we thought that it would be timely to briefly summarise the rights and obligations of those summonsed to appear as a … Read more

JOY Law – litigation mitigation

In this JOY Law segment, Paul Welling and Jack Stuk talked about commercial disputes and litigation – what it is, how it happens and how to mitigate or resolve it. Paul and Jack covered: what is litigation? how to avoid litigation by ensuring commercial relationships and agreements are properly documented (even if you are working … Read more

High Court refuses special leave to appeal, “ultimate consumer” test confirmed (for now)

On Friday the High Court refused an application for special leave to appeal the Victorian Court of Appeal decision of IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 (Appeal Decision).  The Appeal Decision was significant for all landlords and tenants because it confirms that the “ultimate consumer” test is part … Read more

Significant changes to the Bankruptcy Act

Under a bill introduced into Parliament earlier this year, the default period for bankruptcy in Australia is proposed to be significantly reduced from three years to one year (along with various other reforms). According to the Explanatory Memorandum which accompanied the Bankruptcy Amendment (Enterprise Incentives) Bill 2017, the reforms aim to: “… foster entrepreneurial behaviour … Read more

AFS licence holder cops penalty for breach of the best interests duty

By Josephine Mammone (Trainee Lawyer), Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On 27 October 2017, the Federal Court imposed a significant penalty, totaling $1 million, against financial services firm NSG Services Pty Ltd (NSG) in what ASIC has described as ‘the first civil penalty imposed on a financial services licensee for breaches … Read more