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Hicksons Commended For Class Action Settlement: Axsesstoday Limited Case Study

Over the past four years, Hicksons’ Commercial Dispute Resolution team, led by Consultant, Chris Moore and Partner, Chloe Ellis, has successfully represented a significant proportion of bondholders in the Axsesstoday Limited class action.
Media & Podcasts

Dynamic Business: Understanding Alternative Dispute Resolution

In a recent Dynamic Business article, Hicksons’ Partner, Troy Gurnett, Senior Associate, Liam Maguire and Graduate, Kimberley Cheng unpack the basics of Alternative Dispute Resolution (ADR) for disputes.
Blog

Terminating Commercial Contracts – A Quick Refresher

Done properly, the act of terminating a commercial contract can be an efficient self-help remedy. It can allow a business to change course, stem losses and move on.    Done improperly or without justification, the act of terminating (or purporting to terminate) a commercial contract can make a problem worse. Potentially much worse.     
Media & Podcasts

Capital Brief: Noumi's Financial Disclosure Lawsuit Highlights 'Legal Privilege' Challenges

“The role of legal advice in data breaches is fraught with challenges for several reasons”   In a recent Capital Brief article, Hicksons’ Commercial Dispute Resolution Partner Chloe Ellis comments on the Noumi financial disclosure lawsuit.   Chloe touches on the challenges that this case brings up for both voluntary and statutory disclosures to regulators, and how this can impact companies that suffer data breaches.
Blog

GLJ: High Court Refuses Permanent Stay in Historical Sexual Abuse Claim

On 1 November 2023, the High Court of Australia delivered its judgment in the matter of GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32. The majority of the Court allowed GLJ’s appeal stating that the Court of Appeal was wrong to conclude that there could be no fair trial of the proceedings nor that the proceedings involved an abuse of process. Accordingly, it was held that the proceedings should not have been the subject of an order for a permanent stay and the appeal was dismissed.
Blog

Company fails to avoid liquidation by appointing last minute administrators

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
  • 16 Jun 2021

Blog

‘OPEN SESAME’, SAYS THE COURT

It is not uncommon for secured creditors to rely on a contractual right to enter a premises for the purposes of seizing collateral, including under a retention of title clause. However, the Supreme Court’s decision is a reminder for secured creditors to consider whether their contractual rights are in compliance with section 123 of the PPS Act and adequately protect them against any grantors’ claims in trespass.
  • 20 Jan 2020

Blog

Recklessness Revisited

The Courts are mindful that a liability insurance policy must have business efficacy, however, there are limits, and recklessness that goes beyond mere negligence is often sought to be excluded via policy terms and conditions.

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