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Commercial Equity Publications

Fiduciary duties: a mystery or not?

28-11-19 / Glenn Newton KC, Matthew Hickey OAM KC, Bianca Kabel — Corporations, Commercial Equity

Glenn Newton QC, Matthew Hickey and Bianca Kabel covered: How fiduciary duties arise and their scope Why they are important The “go to” cases Ancillary liability under Barnes v Addy and whether the Corporations Act provides a statutory equivalent Relief, including the obligation to account and the “last resort”constructive trust How “reasonable minds” may…

Trouble in Paradise: Protecting Privilege After Glencore

25-10-19 / Nicholas Andreatidis KC, Sophie Gibson, James Green — Commercial Equity, Judicial Review & Administrative

The Glencore International AG v Commissioner of Taxation [2019] HCA 26 judgment confirmed that legal professional privilege is a shield, not a sword. A panel was facilitated by Nicholas Andreatidis QC, consisting of Level Twenty Seven Chambers barristers James Green and Sophie Gibson and forensic expert Brendan Read (KordaMentha), discussing the…

Strategies for a Successful Mediation

20-9-19 / Matthew Jones KC — Contract, Commercial Equity, Corporations

Mediation is an undervalued dispute resolution tool which is most successful when properly prepared and planned. At a CLE event hosted by Downs & South Western Qld Law Association on Thursday 5 September, Matthew Jones explored the theory and practice behind successful mediation, including concrete recommendations as to planning offers,…

Diamond in the Rough: Finding Value In and Maximising Prospects in Disputes Through Mediation

25-6-19 / Glenn Newton KC, Matthew Hickey OAM KC — Banking, Building & Construction, Commercial Equity, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, Land Law & Property, Media & Defamation, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy

On 18 June 2019 Glenn Newton QC, facilitated by Matthew Hickey, provided a seminar on the essential factors to increase the prospects of a successful mediation. Topics examined included: Recognising what mediation involves Essentials for mediation preparation The central role of emotional intelligence as well as analytical intelligence, and how to…

Originating process, pleadings and amendment: Queensland

8-4-19 / James Green, Borcsa Vass — Banking, Building & Construction, Commercial Equity, Competition & Consumer, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, Judicial Review & Administrative, Land Law & Property, Media & Defamation, Planning & Environment, Professional Negligence, Resources & Energy, Succession

James Green and Borcsa Vass have contributed the chapter 'Originating process, pleadings and amendment: Queensland' to Thomson Reuters' Practical Law Australia Dispute Resolution module. This chapter explains how proceedings are commenced and the practice and procedure of pleadings, particulars and amendment in Queensland under the Uniform Civil Procedure Rules 1999 (Qld)…