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Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Since the introduction of the proportionate liability regime in the Civil Liability Act 2002 (NSW) over 15 years ago, there has been a series of cases which have contributed to how the regime operates, including in the High Court of Australia decision of Hunt & Hunt Lawyers v Mitchell Nominees[2013] HCA 10.
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NCAT has jurisdiction to deal with disputes where a party temporarily moves outside of New South Wales

The appellant, Ms Anagnostou and the respondent, Ms Leo were parties to a residential tenancy agreement under the Residential Tenancies Act 2010 (NSW) (‘Agreement’).
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Compliance is essential for winding up applications during COVID

Late in 2020, In the matter of Ryals Hotels Pty Ltd [2020] NSWSC 1906, the Supreme Court of New South Wales was required to examine various restrictions brought into support businesses through the COVID period and what impact they had on an application by a landlord to wind up a commercial tenant.
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Landlord’s attempt to avoid COVID restrictions for commercial tenant a costly exercise

During 2020, as part of the National Cabinet’s response to COVID-19, a number of measures were put in place to assist businesses to continue to trade including:
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NSW Court of Appeal considers evidence of value for Quantum Meruit claims

On 2 December 2020, the Supreme Court of NSW – Court of Appeal, delivered judgment in the matter of Roude v Helwani [2020] NSWCA 310 and, in a decision that is important to the ability of builders and contractors to pursue claims over amounts in smaller jurisdictions, the Court of Appeal has confirmed that it is not necessary to incur the costs of obtaining an expensive independent expert report in order to succeed in a claim in quantum meruit.
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Amendment to the Corporations Act - technology use

The law now allows technology use for company meetings and execution of documents. This change was made in response to the social distancing and health requirements amid the Covid-19 pandemic.
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New laws in flight to combat the rise of the phoenix

The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) is in full flight, which has put in place key changes aimed at enhancing disruption of phoenix activity and powers to prosecute directors and other professional advisors who engage in or facilitate phoenix activity.  
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Insolvency Laws to change amidst unprecedented times

The Federal Government has announced proposed changes to insolvency laws to assist with efforts to help vulnerable Australians and businesses in these unprecedented times.  
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‘OPEN SESAME’, SAYS THE COURT

It is not uncommon for secured creditors to rely on a contractual right to enter a premises for the purposes of seizing collateral, including under a retention of title clause. However, the Supreme Court’s decision is a reminder for secured creditors to consider whether their contractual rights are in compliance with section 123 of the PPS Act and adequately protect them against any grantors’ claims in trespass.
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Thank you, High Court: some certainty created around Insolvency and Corporate Trustees

The High Court in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 has clarified and confirmed that in the winding up of an insolvent corporate trustee, trust assets to which the company is entitled (via its right of indemnity) are property of the company, and the statutory priority regime under the Corporations Act 2001 (Cth) (Act) applies in terms of the distribution of the trust assets.  
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Being broke won't avoid a costs order

The High Court of Australia recently allowed an appeal from the Court of Appeal of the Supreme Court of the Northern Territory. The decision confirmed that normally costs follow the event and held that impecuniosity of the unsuccessful party is not a basis to change that.  
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Receiver vs Liquidator: who is to distribute under s561 of the Corporations Act?

The decision in Kirman, In the matter of RWE Robinson & Sons Pty Ltd [2019] FCA 372 (Kirman) has clarified and confirmed that receivers, in a concurrent liquidation and receivership situation, have the ability to make payments under section 561 of the Corporations Act 2001 (Cth) (Act).
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Digital Defamation and the ‘public document’ defence – A tale of Nyoni

In order to succeed in a defamation action, a plaintiff must demonstrate that the ‘defamatory’ material was ‘published’. In a digital context, if ‘defamatory’ material is placed on the internet, for example on webpages or social media platforms, 'publication' for the purposes of defamation will occur once that material is downloaded, read and comprehended by any users.
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Can a solicitor’s lien preserve a statute-barred action?

Solicitors have long been entitled to assert a lien over a client’s property where the property is held as security, until the client has paid the solicitor’s fees and disbursements.

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