Publications > Litigation and Disputes

Rostron Carlyle prepares legal articles and papers for its clients on various areas of law.
The latest publications are listed below.

Litigation and Disputes

  • Does your contract contain a penalty provision?

    Default provisions in contracts which are able to be characterised as penalties or unjust and unfair under statutory provisions are liable to be found to be unenforceable. In the recent class action decision of the High Court in Paciocco & Anor v Australia and New Zealand Banking Group Limited (“ANZ”) [2016] HCA > Read More

  • Bankruptcy Case: Going Behind a Judgment Debt

    Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106 On 17 August 2016, the Full Court of Federal Court of Australia allowed an appeal by a respondent to a bankruptcy petition and held that the Court determining the creditor’s petition should conduct a separate hearing to ‘go behind’ a judgment debt > Read More

  • What is a Consumer?

    The introduction of the Australian Consumer Law (ACL) was meant to have the desired effect of delivering balance in the market place. To a certain extent, that may be true. However, there is one provision of the ACL in which it appeared to be the case that we found little guidance from > Read More

  • Enforcement of Shareholder Restraints

    We were recently successful for a client in a fierce contest in the Supreme Court in enforcing a 12 month restraint on a shareholder working for a direct competitor contrary to the provisions in a shareholders agreement: See: LCR Group v Bell (2016) QSC 130. It is commonly the case that shareholders > Read More

  • How hard is it to show a “genuine dispute” in setting aside a statutory demand?

    Answer: Not very hard. A party who is claiming a debt from a company will often want to consider the quickest and most cost-effective way for recovery. A drawn out court case over many months can often lead to a very unsatisfactory result, including lost time and legal fees. For these reasons, > Read More

  • An Employers duty to avoid psychiatric injury to an Employee

    In Woolworths Ltd v Perrins,(2015) QCA 207, the Queensland Court of Appeal examined the scope and extent of an employer’s duty of care to avoid psychiatric injury to an employee. The facts were that the employee had a troubled past of drug use, sexual abuse and imprisonment before commencing employment. He did > Read More

  • Liability of guarantors where misleading and deceptive conduct by lender

    Failing to inform all guarantors about the terms of any variation of loan terms can be a risk for lenders, and can constitute misleading and deceptive conduct and release guarantors from liability. In Adisan Pty Ltd v Irwin [2015] NSWCA 217, the facts were that in 2007, a loan agreement between the > Read More

  • How much did it cost me?

    It is amazing how the lyrics of songs can resonate so clearly to describe the outcome of aspects of litigation. As I was travelling into work the other day I was listening to the Rolling Stones song“You Can’t Always Get What You Want”. The timing of that song just happened to coincide > Read More

  • ‘Debt’ and taxes … just a part of life?

    There has been considerable political debate, public discussion and media broadcasting recently in relation to debt. What debt, you might ask?…Well, much of the hype has been focused on government debt (of course) however, it is now becoming more and more apparent that the government is not the only source of debt > Read More

  • Top Priority – A Recent Decision of the Federal Court of Appeal

    From their roots in the twelfth and thirteenth centuries, mortgages have been, and remain, an important means of capital raising for individuals and companies alike. The protection offered by a registered mortgage, and the right to a priority payment upon the liquidation of the secured asset above unsecured creditors, is accepted as > Read More

  • Queensland Government withdraws glassing notice

    In October 2009 the Queensland Government introduced legislation that allowed the Chief Executive of the Department of Employment, Economic Development and Innovation that administers the Liquor Act to deem licensed venues as ‘high risk’ if they had any incidents of ‘glassing’ within the previous 12 months. This legislation was introduced to attempt > Read More