Federal Court: No duty of loyalty

Oct 8, 2014

A recent Federal Court decision has found that solicitors do not owe any overarching duty of loyalty to former clients. Solicitors owe a perpetual duty to preserve the confidentiality of client information, and to uphold the due administration of justice. On Monday...

High Court: Builder owes no duty of care....

Oct 8, 2014

The High Court in Brookfield Multiplex v SP61288 has ruled that the builder of an apartment building owes no duty of care to the subsequent purchasers, in this case the Owners in the Strata Plan, in respect of latent defects. This reverses the earlier decision of the...

The Pozzebons’ bad day

Sep 29, 2014

Last Wednesday, Mr and Mrs Pozzebon had a bad day. They learnt that their failure to submit an eight dollar online form cost their super fund $250,000 – plus costs. It was a very bad day.   Background As a result of a lifetime’s arduous toil, Mr and...

Federal Court: Liquidators are not....

Sep 26, 2014

A surprising Federal Court decision has determined that a liquidator “is not an officer of the corporation for the purposes of the [Corporations] Act”. At first glance, the decision seems contrary to paragraph (f) of the definition of “officer”...

Court of Appeal thwarts attempt to stifl....

Sep 25, 2014

A liquidator does not always need to provide security for costs when bringing actions in the name of an insolvent company. The Supreme Court of New South Wales – Court of Appeal recently handed down its decision in Golden Mile Property Investments Pty Ltd (in liq) v...