Disputes & Litigation

Disputes & Litigation 17/07/2019 by Tasha Wolodko-Kouril

Federal Court says it is Reasonably Arguable that the ATO Owes Taxpayers a Duty of Care at Common Law

Farah Custodians Pty Limited v Commissioner of Taxation (No 2) [2019] FCA 1076 In this matter, Farah Custodians Pty Limited sought leave to amend its pleadings in its claim against the Commissioner of Taxation to include claims in negligence arising from the Commissioner’s payment of tax refunds owed to Farah into a fraudulent account. The Commissioner’s […]

Building & Construction Law 13/02/2017 by Sam Roberts

Commercial & Retail Fitouts. How you could find yourself out of business before you even begin.

The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, […]

Building & Construction Law 7/02/2017 by Matthew Bryan

Court of Appeal limits scope of potential challenges to Security of Payment Adjudications

In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is not subject to judicial review other than in cases […]

Disputes & Litigation 25/05/2016 by Sam Roberts

Defamation & Anonymous Gmail Accounts.

What is Defamation? In this day and age people need to be wary about what they post on social media when they are attacking or criticising individuals or small business. A momentary lapse or ‘what the hell‘ can cause significant damage to someone’s reputation and lead to you being involved in defamation proceedings. Even if […]

Business & Company 28/01/2015 by Sam Roberts

Consequences of not making Effective Business Contracts

As an Accredited Specialist in Commercial Litigation I have dealt with all kinds of business disputes. By far the most common cause of commercial disputes is the failure of the parties to adequately record the terms of their agreement in writing. This is particularly common in the building and construction industry. When there is an […]