Category: Litigation & Dispute Resolution

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Australian Government announces the launch of the Administrative Review Tribunal

22 July 2024

In a significant development for Australia’s administrative review landscape, the Australian Government has unveiled plans to launch the Administrative Review Tribunal (ART) on 14 October, 2024.

This newly established federal body will replace the existing Administrative Appeals Tribunal (AAT), thereby implementing the Labor Government’s election promise to address what were seen as biased political appointments within the AAT.

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Ruby Princess High Court decision confirms that UCT laws extend beyond Australia’s borders

24 April 2024

Case note: Karpik v Carnival plc [2023] HCA 39

In the recent class action case, Karpik v Carnival plc [2023] HCA 39 (Ruby Princess Case), the High Court of Australia has confirmed that where at least one party to a standard contract for goods or services is acting within, or carrying out business in, Australia the unfair contract term (UCT) laws will apply to that contract.

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Rigby Cooke Lawyers successfully acts for Central Pier Pty Ltd in its legal dispute with Development Victoria

09 February 2024

The Litigation & Dispute Resolution team at Rigby Cooke Lawyers successfully acted for Central Pier Pty Ltd and its subtenant Atlantic Group in its Federal Court claim against Development Victoria. The case, which was led by Rigby Cooke Lawyers’ Demian Walton (Partner) and supported by Sascha Kenny (Associate), was settled on Monday for a confidential sum.

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border

Contractor vs Employee — truck driver loses bid to claim historical employment benefits

06 February 2024

Case note: Chiodo v Silk Contract Logistics [2023] FCA 1047

In a recent decision of Chiodo v Silk Contract Logistics [2023] FCA 1047, the Federal Court dismissed a truck driver’s claim that he was an employee and therefore entitled to payment for annual leave and long service leave, as well as superannuation. The Court found that the truck driver was a contractor and not entitled to the benefits usually afforded to an employee.

The Court’s decision re-emphasises the importance that is placed in defining the contractual relationship between parties when assessing whether an individual is an employee or an independent contractor.

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Rigby Cooke Lawyers promotes Tom Hoerner to Special Counsel, and James Anglicas and Biljana Stankovski to Associate, effective 1 July 2023

07 July 2023

Rigby Cooke Lawyers is delighted to announce the promotions of Tom Hoerner (Litigation & Dispute Resolution) to Special Counsel, and James Anglicas (Litigation & Dispute Resolution) and Biljana Stankovski (Property) to Associate, effective 1 July 2023.

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What amounts to an enforceable contract in settlement discussions? Recent case law involving the principles of Masters v Cameron

16 March 2023

During settlement discussions, it is commonplace for offers and counteroffers to be made between rival parties. While settlement offers are usually reduced to writing in a letter or formal Offer of Compromise, they are often communicated verbally or via email. These seemingly ‘less formal’ modes of communication can create a situation where one party asserts that a legally enforceable settlement agreement has been made, while the other says it has not.

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Restraint of trade clauses and urgent injunctions

23 February 2023

Case note: Airmaster Corporation Pty Ltd v Mohtadi [2022] VSC 822

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cybersecurity risks

Federal Court raises the bar in cybersecurity accountability

21 September 2022

The Federal Court’s recent landmark decision in ASIC v RI Advice Group Pty Ltd [2022] FCA 4961 raises the bar for companies and directors on the importance of adequate cybersecurity protection after it imposed costly remedial orders on a financial services provider for failing to maintain adequate cybersecurity risk management systems.

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Slea

Take that! Court turns the tables on oppressors by ordering majority buy-out

14 July 2022

The Supreme Court of Victoria recently handed down its much-anticipated decision in Slea Pty Ltd v Connective Services Pty Ltd (No 9) [2022] VSC 136.

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Angela Foudoulis and Séamus Ryan promoted to Special Counsel, effective 1 July 2022

30 June 2022

Rigby Cooke Lawyers is delighted to announce the promotions of Angela Foudoulis and Séamus Ryan to Special Counsel, effective 1 July 2022.

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conduct

Misleading or deceptive conduct — one bad apple can spoil the bunch

03 June 2022

In a recent decision1, the Supreme Court of Victoria has found that Viterra2 and its parent company Glencore3 engaged in misleading or deceptive conduct during their $420 million sale of a malting business, Joe White Maltings Pty Ltd (Joe White), to Cargill4.

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legal professional privilege

Legal professional privilege and poker – never show your hand too early

16 May 2022

The Federal Court recently handed down a decision in respect of the attempt by TerraCom, an Australian resources and energy company, to seek a declaration that a report seized by the Australian Securities and Investments Commission (ASIC) during an investigation was subject to legal professional privilege (Report).

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The Legal Life – meet James Anglicas

01 April 2022

James Anglicas is a Lawyer in our Litigation & Dispute Resolution team.

James shares his career highlight so far and an interesting fact about himself.

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gift

To gift or not to gift

10 September 2021

The case of Kennedy v Proctor [2021 VSC 521] concerns a dispute as to whether a horse known as ‘Ishker’ was loaned or gifted by Ms Kennedy to Ms Proctor. It was a decision appealed from the Magistrates’ Court to the Court of Appeal.

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The Legal Life – meet Tom Hoerner

20 May 2021

Tom Hoerner is a Senior Associate in our Litigation & Dispute Resolution group.

Tom shares what he enjoys most about working in the legal sector and what he is looking forward to for the remainder of 2021.

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Rigby Cooke expands its Litigation & Dispute Resolution team

06 April 2021

Rigby Cooke Lawyers is pleased to announce the appointment of Tom Hoerner as a Senior Associate in our Litigation & Dispute Resolution team.

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Rigby Cooke strengthens its Litigation & Dispute Resolution team

14 September 2020

Rigby Cooke Lawyers is delighted to announce the appointment of Christos Bouras as Senior Associate in our Litigation & Dispute Resolution team.

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The Legal Life – meet Elizabeth Guerra-Stolfa

05 June 2020

Elizabeth Guerra-Stolfa is a Partner and the leader of our Litigation & Dispute Resolution group. With over 30 years of experience, she specialises in complex superior court, specialist tribunal litigation, Royal Commission hearings, mediation and alternative dispute resolution.

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COVID-19

How will COVID-19 impact your business contracts

30 March 2020

The COVID-19 pandemic is having an unprecedented impact on the economy. The effects of escalating government counter-measures will change the way we do business for the foreseeable future.

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Damage to goods in transit – who is responsible for the loss?

21 June 2018

Transporting goods by road can be a risky and expensive process.

The risk of damage to or loss of goods transported by road is a real concern for not only the seller and buyer of those goods but also the private carrier responsible for transporting the goods.

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Freezing orders granted in a case involving theft by CFO against transport company

Freezing orders granted in a case involving theft by CFO against transport company

26 March 2018

Earlier this month in MWP Transport Pty Ltd & Ors v Kent & Ors [2018] NSWSC 300, the Supreme Court of New South Wales granted a transport company a freezing order over the assets of its group’s Chief Financial Officer (CFO) and a number of his companies after he admitted to theft of more than $5 million over an extended period.

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Online review

Online review legal rights in spotlight ahead of busy summer season

14 December 2017

Tourism and hospitality operators and retailers are being urged to smarten up on their legal rights regarding online reviews as the busy summer holiday season gets underway.

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Safe Harbour

‘Safe Harbour’ and ‘ipso facto’ insolvency reforms – what do they mean and what will they do?

14 December 2017

Important insolvency reforms recently passed into law as a result of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (TLA Act).

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Lloyd's List

Litigation and insolvency skills boost for Rigby Cooke Lawyers

12 December 2017

Rigby Cooke Lawyers has appointed Senior Associate Katerina Poulakis to the team, boosting its litigation and dispute resolution credentials.

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customers on credit

Getting the terms of trade right: lessons for traders

09 September 2016

Many of our clients trade with customers on credit. When doing so, there is a risk that customers might be unable to pay.

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confidentiality

Employees leaving – IT forensic accountant and confidentiality

05 September 2016

Prudent business owners will go to great lengths to protect their intellectual property and confidential information from their employees and competitors.

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terms

To agree or not to agree

05 September 2016

One of the golden rules when entering into an agreement is to ensure that all the terms are recorded in writing and signed by the relevant parties. As the old saying goes, a verbal agreement is as good as the paper it is written on.

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Atkins Freight Services

Trucking company ordered to pay

15 July 2016

In a sobering lesson for trucking companies, the Industrial Relations Court of South Australia has ordered Atkins Freight Services Pty Ltd (Atkins Freight), an Adelaide transport company, to pay penalties of $93,000 and back-pay more than $374,000 to 10 truck drivers.

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Expert

Getting it right: the importance of bulletproof expert evidence

15 June 2016

A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) is a timely reminder for experts, lawyers and their clients of the importance of ‘getting it right’ with expert reports in order to best assist Courts and Tribunals to make proper determinations of disputes.

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Copyright ownership for software

Copyright ownership for software developers – who really owns the code?

15 June 2016

Many businesses are familiar with engaging a software developer to create a product or application, however the devil is in the detail when it comes to ownership of the end product.

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freezing order

To freeze or not to freeze: hopping all the way to the High Court

15 June 2016

Recently in Pt Bayan Resources TBK v BCBC Singapore Pty Ltd [2015] HCA 36, the High Court of Australia held that the Supreme Court of Western Australia has the inherent power to issue a freezing order relating to a pending judgment in a foreign court, which would be registrable in Australia pursuant to the Foreign Judgments Act 1991 (Cth).

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Litigation Specialist

Insolvency and Litigation Specialist joins Rigby Cooke Lawyers

18 April 2016

Rigby Cooke Lawyers has continued its expansion program recruiting new partner Demian Walton to its Litigation and Dispute Resolution Group.

Rigby Cooke Lawyers’ Executive Chairman, Bill Karvela says,

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freezing orders

Freezing Orders

16 March 2016

From time to time, where a party becomes aware that there is a risk that assets of another party to a dispute may be disposed of, it is necessary to apply to the Court for a freezing order.

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Intervention Orders

Intervention Orders 101

09 March 2016

From time to time clients of ours find themselves in the position where they need to seek an intervention order (known in some states as an Apprehended Violence Order or ‘AVO’), usually in cases where they have been threatened by another party.

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oppressed

Am I being oppressed?

09 March 2016

The avid readers of InDispute may recall that each year our commercial Litigation and Dispute Resolution team act in numerous shareholder dispute matters.  These past 12 months have been no exception.

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subpoena

Responding and complying with a subpoena to produce documents to Court

09 March 2016

If you were served with a subpoena to produce documents to Court, would you know what to do and how to respond to it?

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