Building and Construction Contracts: The Importance of Good Contract Administration
Adelaide’s landscape is constantly changing. Although the COVID-19 pandemic has stymied the growth of many industries, the State Government’s Renew Adelaide project and home-builder grants have…
Debt Recovery and Maximising Costs Recoveries
No business wants the cashflow interruption or the diversion of attention that having to chase a debt brings. Almost inevitably, though, businesses at some point will be faced with the prospect of…
A Win for Women in Pelvic Mesh Class Action - for the Moment …
GILL v ETHICON SÁRL & ORS (NO 5) [2019] FCA 1905 This was a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) concerning nine uro-gynaecological devices…
Onus of Proof in Tax Disputes
For taxpayers engaged in matters with the Australian Taxation Office (ATO) where facts are in dispute, the ATO will point out that the taxpayer bears an onus to prove facts it asserts. This onus is…
COVID-19: Changes in the Court System You Need to Know About
With the rapidly evolving COVID-19 situation, it can be challenging to keep up with the changes to the South Australian legal system. This can be particularly stressful if you have court proceedings…
Federal Government Announces Temporary Changes to Insolvency Laws
Relief for Financially Distressed Businesses
Contract Termination for Insolvency – Not Anymore!
So you think that you have the right to terminate a contract if the other side is insolvent? Maybe not as of 1 July 2018. New laws have recently come into effect preventing parties from enforcing…
Wills: Greedy v Needy
Dissecting Decisions: Swanson v Reis [2018] SASC 20 An Inheritance (Family Provision) claim has been dismissed on the first limb for the first time in South Australia. The age old question, is there…
Set-off Defence Gains Ground in Unfair Preference Claims
Is Morton v Rexel Electrical Supplies Pty Ltd [2015] QDC 49 (Rexel) gaining ground across Australia? In 2015, Queensland District Court Judge Searles held that Section 553C of the Corporations Act…
Australian Executor Trustee Ltd v Suncorp Life
Arson by Deceased Leads to Claim on Life Insurance Policy
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DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.