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Commercial

Detin-who? Commercial
31 March, 2025

Detin-who?

What to do when someone won't give back your goods You may have a claim in the tort of detinue if someone holds your goods and that person delays or refuses to give it back to you after you demand the return of your goods. What is the tort of…
Victoria Caldwell
Dealing with the ATO Commercial
7 March, 2025

Dealing with the ATO

In 1939, Winston Churchill famously described Russia as “a riddle, wrapped in a mystery, inside an enigma”. These words can be equally applied to the Australian Tax Office. Emerging from its COVID era forbearances the ATO has announced that it is to be more focused on recoveries and holding errant…
nicole
Time to change the appointment process of insolvency practitioners? CommercialInsolvency
31 January, 2025

Time to change the appointment process of insolvency practitioners?

The case of Australian Securities and Investments Commission v A One Multi Services Pty Ltd (No 3) FCA 1209 External administrators are often appointed through existing professional relationships between them and the applicants for appointment, or more accurately their solicitors. Does this practice put the duties of independence at risk?…
Victoria Caldwell
A reminder – what does using “reasonable endeavours” really mean? Commercial
12 December, 2024

A reminder – what does using “reasonable endeavours” really mean?

A promisor in an agreement is often required to use “reasonable endeavours” to comply with an obligation, but what does that term really mean? The key principles in Electricity Generation Corporation v Woodside Energy Ltd HCA 7 remain relevant Electricity Generation Corporation v Woodside Energy Ltd HCA 7 remains the…
Victoria Caldwell