News & Blog

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

Get ready – your business is probably caught by Europe’s new data protection laws.

Published by Jimmy Gill - Principal
The European Union (EU) has introduced the General Data Protection Regulation (GDPR). The GDPR introduces a new set of rules around data processing and privacy. The rules are fairly prescriptive, and apply broadly to businesses around the world, including many Australian businesses.   What is happening? The European Union has introduced new data protection laws… View Article
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Federal Court of Australia allows in evidence obtained improperly by regulator

Published by Andrew Lacey - Managing Principal
In November 2017 the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Apple Pty Ltd in the Federal Court of Australia, alleging that it engaged in misleading or deceptive conduct and made or false or misleading statements to consumers about the availability of remedies under the Australian Consumer Law (ACL) in respect of defective… View Article
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Farm Debt Mediation Amendment Bill 2018 (NSW): What do the changes mean for you?

Published by Foez Dewan - Principal
On 3 May 2018, the Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) was passed. The Amendments make several significant changes to the Farm Debt Mediation Act 1994 (NSW) (FDMA), including to its structure, scope of application and the procedure for the enforcement of farm debts. The Amendments will come into effect on proclamation,… View Article
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Life after the law

Published -
May 7, 2018 in McCabes News
Legal industry veteran and Principal in the private wealth group Terry McCabe was interviewed by Lawyers Weekly on his thoughts about life after the law. Having founded McCabes Lawyers in 1991, Mr McCabe has dedicated more than 26 years to build his private wealth practice at the firm and also spent some years as the… View Article
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Court of appeal strikes down ASIC’S appeal on directors’ duties in AWB case

Published by Andrew Lacey - Managing Principal
This week marked a significant development in the infamous and long running AWB scandal: the Victorian Court of Appeal shot down ASIC’s appeal against the finding that Peter Geary, the former Group General Manager of Trading of AWB, had not breached his duties as a director under the Corporations Act. The AWB Scandal The Australian… View Article
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Getting Trolley’d: When is a risk warning actually required? Korda v Aldi Foods Pty Ltd [2018] ACTCA 6

Published by Leighton Hawkes - Principal
Apr 27, 2018 in Insurance
In this long-running matter, McCabes was recently successful in overturning a finding that its client, ALDI, had breached its duty of care to the plaintiff by failing to provide a warning that an automatic entrance gate to its store was not operating correctly. The ACT Court of Appeal also upheld the Supreme Court’s decision that… View Article
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McCabes Managing Principal Andrew Lacey named as finalist in law awards

Published -
Apr 26, 2018 in McCabes News
Andrew Lacey, managing principal of McCabes Lawyers has been named a finalist in the Lawyers Weekly Partner of The Year Awards in the Litigation and Dispute Resolution category. The awards, which have been running for three years, recognise the exceptional contribution of individuals and accounting firms across 24 categories. This is the third consecutive year… View Article
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Fixing flights takes penalties to new heights: Full Court increases Flight Centre’s fines for price fixing.

Published by Chiara Rawlins - Principal - Litigation Division Leader
The Full Court of the Federal Court has recently brought the long running saga between the ACCC and Flight Centre to an end. The dispute, which went on tour up and down the federal court system (including to the High Court) on multiple appeals on both liability and penalties, centred around allegations that Flight Centre… View Article
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Game Over: Valve’s high court appeal goes up in steam.

Published by Chiara Rawlins - Principal - Litigation Division Leader
Last week Gordon and Nettle JJ of the High Court of Australia scuttled Valve’s special leave application to appeal against last year’s judgment of the Full Court of the Federal Court. The case was concerned with whether Valve was required to comply with Australian consumer protection laws in its operation of the ubiquitous online gaming… View Article
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Banking on the financial literacy of directors: is it a breach of duty when the numbers don’t add up?

Published by Andrew Lacey - Managing Principal
Apr 22, 2018 in Commercial
One of the issues that directors of companies regularly face is the extent to which they can rely on their employees or external advisors in fulfilling their role. This is particularly so when it comes to financial decision making. A director may try to wash their hands of the consequences of a decision by saying… View Article
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