LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.

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Councils Take Airport “Matter” into their Own Hands

In the recent decision Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5, the High Court considered the circumstances in which an outsider to a contract could seek and obtain declaratory relief as to the meaning and…

Andrew Tarnowskyj

A Sticky Situation – HCA Issues a Warning to Asset-Based Lenders in Stubbings v Jams 2 Pty Ltd & Ors

In the recent case of Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court confirmed that whilst asset-based lending is not in and of itself an unconscionable lending concept, specific systems or structures adopted by an asset-based…

Madeleine Harland

When Held to Ransom: Legal Implications of Ransomware Attacks for Legal Practitioners and their Clients

As ransomware attacks accelerate in scale, frequency and sophistication, they pose a risk to both legal practitioners and their clients. It is not only government, critical infrastructure and large corporates falling victim: over 60% of Australia’s small to medium businesses…

Brooke Hall-Carney, Amy Cooper-Boast and Elizabeth Carroll-Shaw

Zooming Ahead: Insolvency Practice Rules Amended to Enhance Framework for Virtual Meetings

There has been a wave of provisions being implemented across various sectors to modernise and increase flexibility in formal processes and procedures, undoubtedly largely as a result of the exigencies of the COVID-19 pandemic. In what could be seen as…

Allie Umoff

High Court takes insolvency-friendly approach to determining what is required of administrators to ‘give possession’ of aircraft engines

On 16 March 2022, the High Court of Australia handed down a decision regarding the interplay between insolvency procedures and international treaty obligations. The decision arose out of the administration of the Virgin Australia airline group and concerned obligations under…

Allie Umoff

Do or Die: The Rise and Fall of ASX Listed GetSwift Ends in Findings of Corporate and Director Liability

In a judgment prefaced with an acknowledgement of its significant length, Lee J found that GetSwift Ltd, a publicly-listed technology company and ‘former market darling’,[1] had made selective and misleading ASX announcements to drive up its share price. This reflected…

Mark Giddings and Ashwini Ravindran

Remote Witnessing of Documents

Among the many significant social and economic consequences of the COVID‑19 pandemic, restrictions on interstate travel and movement have made it more difficult for documents to be witnessed. In response to this, all Australian jurisdictions have taken steps to allow…

Patrick Leader-Elliott

Cyber Security, Sovereignty and Resilience: Changes Afoot for Critical Infrastructure Owners, Operators and Suppliers

In February 2022, the Australian Government observed that “The critical infrastructure threat environment is worsening, in part, due to an ever-increasing reliance on technology, and increasing interoperability and interdependency between Australia’s most critical assets.”[1] The regulatory landscape for critical infrastructure…

Amy Cooper-Boast and Elizabeth Carroll-Shaw

High Court Decision Allows Shareholders to Publicly Examine a Former Director to Investigate their Personal Claims

In a recent decision,[1] the High Court allowed a summons to be issued for the examination of a former director of Arrium, notwithstanding that the purpose of the examination was for shareholders to investigate and pursue potential personal claims.  This…

Kristy Zander

Clean as a Whistle: ‘Compliance Gaps’ in Whistleblower Policies and Programs Should be Addressed Now, to Avoid Regulator Action in 2022

Australia’s mandatory laws for corporate whistleblowing policies mark their second anniversary this month. As ASIC flags its intention to target non-compliance in 2022, companies should be taking a close look at the extent to which their whistleblower policies and programs…

Amy Cooper-Boast and Fiona Luu
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