Michael Bacina

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Confidentiality, contempt and the court: Implied undertakings and the Harman Rule

All may be fair in love, war and litigation, but companies and individuals engaged in the litigation process need to remember that the use documents obtained in litigation via a compulsory process of the court (such as through disclosure or… Continue Reading →

Safe as houses? Dealing with a deposit in bankruptcy

The recent decision of Majet & Anor v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall & Anor considered the impact of a trustee-in-bankruptcy’s disclaimer of a contract for the sale of land on the rights, interests and… Continue Reading →

Negotiating contracts by email, are you bound before you think you are?

It is common practice to engage in pre-contractual negotiations via email, in doing so you run the risk that those emails are considered evidence of a valid and binding contract and a court may compel performance of the contract, even… Continue Reading →

Postal Pain Pending

Australia Post has altered the terms of postal delivery.  The time for delivery of regular post will take an extra two days from the current.  The new delivery times depending on the destination and will be between 3 to 6… Continue Reading →

Is it defamatory to call a lawyer “Dennis Denuto”?

In Smith v Lucht, the Queensland District Court has decided that comparing a lawyer to “Dennis Denuto” of The Castle fame is defamatory, but “the vibe” saved the day. The matter emerged from a family dispute.  The father of one… Continue Reading →

Demanding Debts from Downloaders

The long running saga of the Dallas Buyer’s Club litigation may shortly hit another snag, but for the plaintiff this time. In his judgment earlier this year, Justice Perram granted preliminary discovery for the plaintiff against the defendants to require… Continue Reading →

Enemies at the gate! Resilience in the face of hacking

Earlier this year, ASIC released a report titled “Cyber resilience: Health Check” which sets out a checklist of risks that are worth considering to ensure regulated businesses are more resilient to hacking attempts. The checklist is more modern and useful… Continue Reading →

Is ‘Acting Reasonably’ a Sweet Contract Term?

Many agreements require the parties to ‘act reasonably’. The courts have not, however, had the opportunity to directly consider what this phrase means until recently. In Lend Lease Pty Ltd v Sugar Australia Pty Ltd [2014] VSC 476, the Supreme Court… Continue Reading →

Murray Inquiry released!

The Financial System Inquiry 2014 (the Murray Inquiry) recently released its Final Report.  Hold your horses for some exciting reading! The Final Report recognised the impact which corporate administration and bankruptcy has upon the broader financial system, but it failed… Continue Reading →

A very expensive typo

The UK High Court has recently awarded 9 million pounds against the UK Companies Office (the UK equivalent of ASIC) in relation to that office making a one letter typo which erroneously identified a 124 year old company employing 250… Continue Reading →

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