News & Blog

Stay up-to-date with interesting perspectives from the team at McCabes.

Can the courts of the USA police Australian companies? International reach exceeds jurisdictional grasp

Published by Chiara Rawlins - Principal - Litigation Division Leader
As international trade becomes more common, so do international legal disputes. Where proceedings are commenced against you or your company in a foreign court, but you do not have a physical presence in that country, an important question arises – can a decision of that court be enforced against you? Generally speaking, whether an overseas… View Article
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The law on heartbreak: breaches of contract and marriage

Published by Chiara Rawlins - Principal - Litigation Division Leader
It is unusual for a decision of the Local Court of NSW to garner significant public attention, and even more unusual for any Local Court to have to consider a historically unsettled area of law. But the recently published judgment in Toh v Su [2017] NSWLC 10 is not your typical case. The legal question… View Article
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Can an unsent text message amount to a will?

Published by Chiara Rawlins - Principal - Litigation Division Leader
The recent Supreme Court of Queensland case of Nichol v Nichol [2017] QSC 220 reveals a rather tragic story. It also serves as useful example of the relating to informal wills. The deceased, Mark Nichol, was married three times. He became estranged from his first wife and son. His second wife passed away. He was… View Article
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ACCC takes action to throw out rubbish small business contract terms

Published by Jimmy Gill - Principal
Introduced in November 2016, new provisions of the Australian Consumer Law prohibit businesses from inserting unfair terms into their standard-form contracts with small businesses. Until now, the new regime hasn’t been put to the test, but this month, the Australian Competition and Consumer Commission has put its money where its mouth is, and commenced proceedings… View Article
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Be intellectual about your property: key IP management tips for start-ups and growing businesses

Published by Jimmy Gill - Principal
It goes without saying that entrepreneurs want to grow their business as quickly and effectively as possible. However, many people fail to realise the integral role that intellectual property plays in the formation, expansion and protection of their business. We have put together five key tips to help you manage your intellectual property correctly from… View Article
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McCabes rank with high win rate in the Supreme Court of NSW – Court of Appeals

Published by McCabes News -
Oct 4, 2017 in McCabes News
Artificial intelligence (AI) is all around us and one US company called Premonition, is using AI to rank lawyers success rates according to types of cases appearing in different courts, to establish an accurate reflection of a firms ability to win.   Premonition has released a report on the Australian legal landscape and has ranked… View Article
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Application of Transitional Provisions to ‘Ongoing external administrations’

Published by Andrew Lacey - Managing Principal
Sep 26, 2017 in Insolvency
We are now past the second tranche of changes under the Insolvency Law Reform Act 2016 (Cth), comprised most importantly of Part 3 of the Insolvency Practice Schedule (IPS) (containing the General Rules relating to external administrations) which came into effect on 1 September 2017. Part 3 of the IPS will apply to external administrations… View Article
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Getting a handle on the new funds handling provisions under the ILRA 2016

Published by Andrew Lacey - Managing Principal
Sep 25, 2017 in Insolvency
Division 65 and the New Strict Liability Regime With the first tranche of changes under the Insolvency Law Reform Act 2016 (Cth) (ILRA) now some 6 months behind us you could forgive the industry for thinking that the entire overhaul of its legal framework was not quite as traumatic as everyone thought it was going… View Article
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External administrators to avoid personal gain

Published by Andrew Lacey - Managing Principal
Sep 25, 2017 in Insolvency
External administrators are required to be independent, impartial and avoid personal conflicts of interests when carrying out their role and dealing with company assets. This is the reason for why they need to lodge a declaration of independence, relevant relationships and indemnities (DIRRI) with ASIC. External administrators are also bound by the ARITA Code of… View Article
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