ArticlePenalties: Andrews round two?In 2012, the High Court threw the law of penalties into a state of uncertainty following its decision in Andrews v ANZ.AustraliaCorporate/Commercial LawSparke Helmore Lawyers
ArticleHeads in the cloud: How insurers and courts are handling the IT challenge in AustraliaThis 2013 study revealed that data breaches in Australia have resulted in more exposed records than in any other country.AustraliaPrivacySparke Helmore Lawyers
ArticlePPSA - make sure you register your interestThe PPSA has established a new regime for the registration and enforcement of security interests in personal property. AustraliaCorporate/Commercial LawSparke Helmore Lawyers
ArticleWilliams (No. 2) overview: validity of government grants and funding programsThe Commonwealth Government and its agencies now need to determine which of its grants and funding programs are valid.AustraliaGovernment, Public SectorSparke Helmore Lawyers
ArticleEconomic duress: be careful how you act when you hold all the power under a contractHow far can you push a commercial advantage under a contract before you fall foul of the doctrine of economic duress? AustraliaCorporate/Commercial LawSparke Helmore Lawyers
ArticleRestraint of trade update: Prevention is better than cureThis simple checklist may get you thinking about easy strategies that may eliminate the need to apply for court orders.AustraliaEmployment and HRSparke Helmore Lawyers
ArticleConflicts and tendering processes for government contracts: Why inaction can be fatalThe key is that appropriate action is taken at the earliest opportunity to resolve the potential conflict of interest.AustraliaGovernment, Public SectorSparke Helmore Lawyers
ArticleUnified legislation act provides new forms of registered instrumentsAgencies should be aware of these changes when or complying with publication requirements for government instruments.AustraliaGovernment, Public SectorSparke Helmore Lawyers
ArticleThe fallout — your losses from a cyber breachMany cyber breaches - and associated losses - could be prevented through simple security controls and insurance policies.AustraliaInsuranceSparke Helmore Lawyers
ArticleThe importance of good process when assessing a TPD claimThe "Relevant Legal Principles" create a pathway to determining what is real and what is theoretical in TPD cases. AustraliaInsuranceSparke Helmore Lawyers
ArticleBad faith anxie-tea - trade mark applicationThe trade mark application was refused registration and costs were awarded against Teavolution, as it acted in bad faith.AustraliaIntellectual PropertySparke Helmore Lawyers
ArticleCracks in the principle of legality in statutory interpretationThe High Court's previous insistence on unambiguous language in statutes to curtail fundamental rights may be waning.AustraliaLitigation, Mediation & ArbitrationSparke Helmore Lawyers
ArticleLoss of hobbies a deciding factor for pain and suffering claimsThis case highlights the importance of investigating a plaintiff's post-injury domestic and recreational activities.AustraliaLitigation, Mediation & ArbitrationSparke Helmore Lawyers
ArticlePenalties: UK Supreme Court casts doubt on the High Court reasoningWhile the High Court of Australia is not bound by the UK Supreme Court, the UKSC's decision has strong persuasive force.AustraliaLitigation, Mediation & ArbitrationSparke Helmore Lawyers
ArticleUK Supreme Court casts doubt on the High Court reasoning on penaltiesGiven the UK criticism, the next High Court penalties case is likely to elicit a clear position and significant guidance.AustraliaLitigation, Mediation & ArbitrationSparke Helmore Lawyers
ArticlePrivacy, cloud storage and cross-border disclosureFrom 12 March 2014, universities across Australia will have to comply with the new Australian Privacy Principles. AustraliaPrivacySparke Helmore Lawyers
ArticleCharacterising manufactured home estates in NSWNSW is undertaking a review of the regulation of manufactured homes and estates, caravan parks and camping grounds. AustraliaReal Estate and ConstructionSparke Helmore Lawyers
ArticleEnvironment & Planning Update for NSW: December 2013The update discusses the Planning Bill, the Crown Lands Amendment Act and a case involving the Swimming Pools Act 1992.AustraliaReal Estate and ConstructionSparke Helmore Lawyers
ArticleConstruction interface risks — what you need to knowManaging interface risks requires careful planning and creativity, important to ensure project success and profitability.AustraliaReal Estate and ConstructionSparke Helmore Lawyers
ArticleExpert evidence - failure to comply with duties to the court could be costlyThe role and duty of a legal practitioner, is to transparently instruct an expert, not to write or amend his report.AustraliaLitigation, Mediation & ArbitrationSparke Helmore Lawyers