ArticleMasters disaster and the obligation to act reasonably and in good faithThis case also demonstrates that courts will look at surrounding circumstances to assist with contractual interpretation.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleWhy directors must consider creditor interests when company solvency is at riskThe Court found that the directors had breached their duties by failing to conduct a proper analysis of cash reserves.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleCoastal climate change risk report points to need for new policy regimeA recent report recommended a national approach to address the risks of climate change for coastal settlements.AustraliaEnvironmentColin Biggers & Paisley
ArticleFormal requirements for a valid willA poorly prepared will can result in additional cost to the estate. AustraliaFamily and MatrimonialColin Biggers & Paisley
ArticleProbate v Letters of AdministrationMost people do not think about an estate after death, until they deal with the death of a loved one or act as executor.AustraliaFamily and MatrimonialColin Biggers & Paisley
ArticleWhat is a Will and why do I need one?A Will is a legal document that directs the executor of your estate to distribute your assets according to your wishes.AustraliaFamily and MatrimonialColin Biggers & Paisley
ArticleA model example: revisiting obvious risks in dangerous recreational activitiesThese cases are positive news for defendants and insurers but each case will turn on its facts and detailed evidence.AustraliaInsuranceColin Biggers & Paisley
ArticleDouglas v Morgan: a reminder for insurers to be clear on the dominant purpose of communicationsThere was no legal professional privilege over the Investigation Report as dominant purpose was to determine liability.AustraliaInsuranceColin Biggers & Paisley
ArticleSimple, practical steps to help lawyers avoid professional indemnity (PI) claimsMany PI claims arise from problems relating to file notes, the source of instructions and accepting client assurances.AustraliaInsuranceColin Biggers & Paisley
ArticleIntellectual property infringement - when can you threaten legal action?Correspondence alleging intellectual property infringement must be carefully drafted to avoid making unjustified threats.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticlePrivileged documents prepared for the purpose of settlement negotiations: when can they be disclosed in subsequent proceedings?The NSW Supreme Court allows the disclosure of privileged documents prepared for the purpose of settlement negotiations.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleSlips and falls in shopping malls - Coles Supermarkets v MeneghelloThe Court of Appeal has overturned the award of damages.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleNew standard form of village contract for NSW retirement villagesA new standard form of plain English retirement village contract in NSW aims to remove complexity and confusion.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleOverwhelming community interest in the future of planning in NSWThe NSW government released the Green Paper Feedback Summary, a summary of the main community and stakeholder feedback.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleFederal Court narrows the meaning of active asset for small business CGT concessionsThe Court narrowed the meaning of active asset for small business CGT concessions by a direct functional relevance test.AustraliaTaxColin Biggers & Paisley
ArticleForeign tax credits not available for discount component of capital gainsFull Federal Court confirms that foreign tax credits are only available to the extent income is returned as assessable income.AustraliaTaxColin Biggers & Paisley
ArticleThe year in review: M&A in the transport and logistics industrySpecifically in the transport and logistics industry, we have seen a consistent level of M&A activity throughout 2019.AustraliaTransportColin Biggers & Paisley
ArticleJobKeeper Update: What employers need to knowOverview of JobKeeper changes, new turnover tests, payment rates etc AustraliaEmployment and HRColin Biggers & Paisley
ArticleProduction of insurance policies to third partiesGranting access to insurance policies violates a private relationship and must be contained within narrow guidelines.AustraliaInsuranceColin Biggers & Paisley
ArticleWhat inspection rights does a reinsurer have over an insurer's books?Express provisions are the best way for reinsurers to secure inspection rights over their reinsured's books and records.AustraliaInsuranceColin Biggers & Paisley