The Australian Law Reform Commission’s report, Without Fear or Favour: Judicial Impartiality and the Law on Bias, tabled in federal parliament on 2 August makes some important recommendations on appointments of judicial officers and the importance of diversity in that process, which should be road...
The paper available at this link discusses the following recent decisions on contract law: Dyco Hotels Pty Ltd & Ors v Laundy Hotels (Quarry) Pty Ltd [2021] NSWCA 332 (Dyco) Carter v Mehmet [2021] NSWCA 286 CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1...
Dyco Hotels Pty Ltd & Ors v Laundy Hotels (Quarry) Pty Ltd [2021] NSWCA 332 (Dyco) – Case Review 1. This is one of those cases where four judges considered the issues, they split 2:2 on the result, and the trial decision was reversed on...
Can a creditor with a debt which would not be provable in a bankruptcy nonetheless present a creditor’s petition based on a failure to pay that non-provable debt? The Federal Court of Australia squarely considered this question for the first time in Australian Securities and...
The High Court’s recent decision in Sunland Group Limited v Gold Coast City Council [2021] HCA 35 (Sunland), delivered on 10 November 2021, has important implications for the interpretation of statutory approvals under a wide range of legislation, including approvals under planning laws. In Sunland,...