The answer is, at all times. There are two reasons why lawyers must constantly exercise forensic judgment in proposing and conducting proceedings in court and avoid acting as your mouthpiece. First, rule 17.1 of the Australian…
What ‘must not’ an adjudicator do?
Adjudicators appointed to adjudicate on payment claims under the Building Industry Fairness (Security of Payment) Act 2017 are subject to certain limitations and they are prohibited from considering certain matters in the decision-making process. The Supreme…
Supreme Court says it will not be bound by decision in Bosanac
We recently acted for a trustee in bankruptcy in proceedings before the Supreme Court of Queensland in a matter concerning the doctrine of the presumption of advancement. The principal matter in dispute was whether the presumption…
ATO Enforcement Action: Beginning of the End?
Over 18 months have passed since the COVID Pandemic caused a significant change in the enforcement policy within the ATO’s debt/tax recovery teams. While initially this policy was (at least in part) mandated by the Federal…
The Perils of Vague and Ambiguous Commercial Lease Clauses
Often, one of the most contested clauses of any commercial lease is the clause that determines what condition the premises must be in when returned to the lessor. Generally speaking, these types of clauses are called…