Farah Custodians Pty Limited v Commissioner of Taxation (No 2)  FCA 1076 In this matter, Farah Custodians Pty Limited sought leave to amend its pleadings in its claim against the Commissioner of Taxation to include claims in negligence arising from the Commissioner’s payment of tax refunds owed to Farah into a fraudulent account. The … Read more Federal Court says it is Reasonably Arguable that the ATO Owes Taxpayers a Duty of Care at Common Law
The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, … Read more Commercial & Retail Fitouts. How you could find yourself out of business before you even begin.
In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)  NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is not subject to judicial review other than in cases … Read more Court of Appeal limits scope of potential challenges to Security of Payment Adjudications
What is Defamation? In this day and age people need to be wary about what they post on social media when they are attacking or criticising individuals or small business. A momentary lapse or ‘what the hell‘ can cause significant damage to someone’s reputation and lead to you being involved in defamation proceedings. Even if … Read more Defamation & Anonymous Gmail Accounts.
As an Accredited Specialist in Commercial Litigation I have dealt with all kinds of business disputes. By far the most common cause of commercial disputes is the failure of the parties to adequately record the terms of their agreement in writing. This is particularly common in the building and construction industry. When there is an … Read more Consequences of not making Effective Business Contracts