Michael Bacina

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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 →

Electronic Bankruptcy Notices confirmed to be valid

The Full Federal Court of Australia has recently handed down a judgment confirming bankruptcy notices issued via AFSA’s online services website  are valid. When issuing a bankruptcy notice submitted online, AFSA emails a PDF version of the bankruptcy notice and underlying judgment to the… Continue Reading →

High Court: Builder owes no duty of care to Owners Corporation

The High Court in Brookfield Multiplex v SP61288 has ruled that the builder of an apartment building owes no duty of care to the subsequent purchasers, in this case the Owners in the Strata Plan, in respect of latent defects…. Continue Reading →

Avoiding SOPA adjudications ain’t a breeze

In the recent case of Seabreeze v Topsou, a developer learned that it ain’t a breeze to avoid the application of the Building and Construction Industry Security for Payment Act 1999 (NSW) (SOPA). Seabreeze was developing land at Manly and… Continue Reading →

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