As set out in Parts 1 and 2, a settlor who retains too much power and control in relation to a trust and its assets is at risk of creating an illusory trust, either because there is a failure of the irreducible core obligations necessary for a valid trust ...

In recent NSW case SC held the insurer was not liable to indemnify the insured due to the enlivened professional services exclusion.

In April 2016 the Dubai International Financial Centre ("DIFC") Court of First Instance gave a thought-provoking decision in Gavin v. Gaynor, which confirmed the willingness of the Courts of the DIFC to make findings in support of the arbitration process, and its jurisdiction.

Cloud computing will continue to rapidly evolve, creating new capabilities and new opportunities.

A failure to cooperate with AFCA is a civil penalty offence, which can attract significant financial penalties.

"Closing the class" generally refers to orders which, in effect, deem group members to have opted out by a certain time.

Summary of 3 significant judgments in historical abuse cases.

Recent high-profile attacks on major retailers have underscored the growing cyber risks facing the sector.

Innovation in the workplace needs forward-thinking ideas and leadership willing to adopt new policies and processes.

Kyle Sandilands and Jacqueline Henderson’s fallout with ARN Media is as much about contracts as it is about conduct. In this interview, an employment lawyer breaks down where personality-driven broadcasting ends and where contractual obligations begin.

For the 1st time, Federal Court considers the cybersecurity obligations of AFS licensees & their authorised representatives.

The Supreme Court's decision reintroduces certainty into the English courts' approach to article 23.4 of the CMR.

The question of whether a doctor is better off as an independent contractor or as an employee is not often discussed.

The Dubai International Financial Centre (DIFC) was established in 2004 as a special economic zone with the aim to develop it as a financial hub for the Middle East, Africa and South Asia.

It has been said that the narrow view of protector consent provisions has the effect of limiting the role of the protector.[1] To this, Kawaley AJ in X Trusts said:

t is important to remain vigilant of the regulations governing the disclosure of patient images. Recent case discussed.

Comprehensive, well-drafted, written agreements assist significantly in the characterisation of worker relationships.

A roundup of the latest court decisions touching on breach of warranty, the interpretation of "any one loss" and how conditional arbitration clauses interact with ongoing BI claims.

The requirements of an embargoed judgment should be strictly adhered to, to avoid being in contempt of court.

When determining whether a duty of care has been breached, the Court will analyse the big picture.