News & Blog

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

Dealing with a company’s corpse: The Sakr Saga continues as Liquidators struggle to get their fees approved

Published by Andrew Lacey - Managing Principal
Jun 28, 2017 in Insolvency
Whether you are a liquidator, director, employee, shareholder or creditor of a company in financial distress, the experience of a corporate insolvency is usually not pleasant. Directors face the threat of being investigated for breaches of directors duties, employees become unemployed, shareholders become the owners of worthless assets and creditors are forced to come to… View Article
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What’s your damage? The calculation of damages for misleading and deceptive conduct

Published by Chiara Rawlins - Principal - Litigation Division Leader
When a person believes they have been a victim of misleading and deceptive conduct such as misleading representations, the sensation of being deceived can give rise to the assumption that they have suffered compensable loss. However, the case of Bartlett v Weatherill [2017] NSWSC 31 confirms that even if you have relied on misleading representations,… View Article
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Are “walk away” offers valid offers of compromise which will have costs consequences?

Published by Andrew Lacey - Managing Principal
Offers of compromise are an important tool in litigation. Aside from ensuring some form of success, or avoiding total defeat, one of the primary purposes of a party making an offer of compromise is to avoid incurring further legal costs. Where settlement efforts are unsuccessful, a court will usually consider the nature and extent of… View Article
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The “unambiguous impropriety” exception to without prejudice privilege

Published by Andrew Lacey - Managing Principal
It is well established that what is commonly referred to as “without prejudice” privilege is not limited to protecting offers of settlement per se. Communications between parties that are genuinely aimed at resolving a dispute will also be protected, that is, they will not be admissible in evidence. In New South Wales, without prejudice privilege… View Article
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How “final and binding” is an expert determination?

Published by Andrew Lacey - Managing Principal
Expert determination is becoming an increasingly common Alternative Dispute Resolution (ADR) process provided for in the terms of contracts between parties. In general terms it involves an independent third party, with recognised expertise in the subject matter, resolving an issue or issues in dispute between the parties by making a determination.  It has been referred… View Article
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Directors’ duties

Published by Kien Ng - Senior Associate
Jun 21, 2017 in Corporate
Start-ups are on the rise, as is the number of young entrepreneurs taking on the role of company director. A company director, whether sitting on the board of an ASX-listed company or a small organisation, has to be clear on the duties and obligations that attach to this significant position.   Just who is a… View Article
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McCabes finalist for three website awards

Published -
Jun 15, 2017 in McCabes News
For a small firm, McCabes’ delivers a big impact. Part of this impact is the firms modern, professionally designed and thought-out website, which delivers more than your average law firm presence. The excellent digital resource, designed by Frank Digital and features videos produced by multi-award winning agency Chello, is receiving the recognition it warrants and… View Article
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Insolvent trading trusts: the twilight zone

Published by Andrew Lacey - Managing Principal
Jun 15, 2017 in Insolvency
The recent decision of Markovic J in Robert Kite and Mark Hutchins in their capacity as liquidators of Mooney’s Contractors Pty Ltd (in liq) & Anor v Lance Mooney & Anor [2017] FCA 653 in the Federal Court of Australia provides practitioners with further clarification of the requirements when insolvency practitioners are appointed to companies… View Article
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