Litigation | News & Insights | McCarthy Durie Lawyers

December 2025

Australian Consumer Law

Your rights as a Consumer - Motor Vehicles and other products and services Under the Australian Consumer Law, you have rights if you are a consumer. These are statutory consumer rights that the supplier and/or manufacturer cannot contract out of, an

December 2025

Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48 – Last Director Rule

Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48, is an important case in Australian corporate and insolvency law. It is best known for being the first significant judicial interpretation of section 203AB of the Corporations Act

October 2025

When Is a Deed Binding? Key Lessons from Monaco Solicitors v Prolend Solutions

In commercial and property transactions, deeds are a common legal tool used to formalise agreements. But when exactly is a deed legally binding? A recent decision by the Supreme Court of Queensland, Monaco Solicitors Pty Ltd v Prolend Solutions No 50

July 2025

Assistance Animals - Know a Handler’s Rights!

by Madeleine Harling Assistance animals are a key part of everyday living for their handlers, as they provide independence, confidence, and connection for people with disability—supporting not just physical tasks, but emotional wellbeing, social par

May 2025

Unfair Contract Terms (UCT) - Building and Infrastructure

by Drazen Kozaric Overview of the Updated UCT Laws Businesses in construction and infrastructure must now take greater care to ensure their standard form contracts do not contain unfair terms under the Australian Consumer Law. These terms are now i

May 2025

Setting Aside a Statutory Demand and Requirements for the Supporting Affidavit - BRC Group v Watagan Park [2025] VSCA 36

by Drazen Kozaric Under section 459G of the Corporations Act 2001 (Cth), a company served with a statutory demand has a statutory right to apply to the court to set aside the demand. Section 459H allows the company to challenge the validity of the s

April 2025

Enactment of Stringent Anti-Vilification and Social Cohesion Laws in Victoria

by Drazen Kozaric Victoria has introduced tough new anti-vilification and social cohesion laws, expanding protections against hate speech to encompass disability, gender identity, sex and sexual orientation. The legislation imposes penalties of up t

April 2025

Corporate Governance Reforms: The Modern Slavery Act Review

by Drazen Kozaric The Modern Slavery Act 2018 has been under review, with key recommendations for reform emerging in 2021. In December 2024, the Australian government issued its response to the independent review of the Act. The government has agree

March 2025

Shareholder Oppression Remedies - Section 232 of the Corporations Act 2001

by Drazen Kozaric Understanding Section 232 of the Corporations Act 2001 (Cth) Section 232 of the Corporations Act 2001 (Cth) (the "Act") plays a crucial role in protecting the rights of shareholders in Australian corporations. It grants a legal pa

January 2025

Understanding Constructive and Resulting Trusts: Key Differences and Legal Implications

by Drazen Kozaric In the realm of trusts and property law, two types of trusts often arise in legal disputes: constructive trusts and resulting trusts. Understanding the nuances between these two concepts is essential for anyone navigating property

January 2025

Cryptocurrency Law in Australia: Navigating the Legal Landscape

by Drazen Kozaric Cryptocurrency has been a game-changer in the world of finance, revolutionising how people transfer and store value. However, its rapid growth and decentralised nature have posed unique challenges for governments and regulators wor

November 2024

Issuing a Notice of Default to Commercial Tenants in Queensland

by Drazen Kozaric In Queensland, landlords and property owners of commercial properties have the legal right to issue a Notice of Default to tenants who breach the terms of their lease agreement. This process is a formal way for landlords to communi

November 2024

Understanding "Without Prejudice" Correspondence: Common Misconceptions

by Drazen Kozaric In legal disputes, “without prejudice” correspondence plays a crucial role in facilitating settlement negotiations by offering parties a degree of protection in the negotiation process. However, this term is often misunderstood, an

September 2024

Changes to Defamation Law in Australia: What You Need to Know

by Drazen Kozaric Over the last few years, Australia's defamation law has been subjected to a major overhaul, with significant reforms poised to reshape how defamation cases are handled across the country. These changes are designed to balance the r

September 2024

The Australian Right to Disconnect: Balancing Work and Personal Life

by Drazen Kozaric The Australian Right to Disconnect: Balancing Work and Personal Life In an era where work often bleeds into personal time due to digital connectivity, the concept of the "Right to Disconnect" has come into effect in Australia on 2

September 2024

Important Changes to the Fair Work Act: changes to the definitions of “employment” and “casual employee”

by Ben Schefe You may be aware that a number of significant changes have recently been made to the Fair Work Act 2009 (Cth) (“the Act”) with a number of those changes becoming effective as of Monday 26 August 2024. At a high level, this article foc

August 2024

Queensland Measures to Support Modern Home Standards: Enhancing Safety, Sustainability, and Comfort

By Drazen Kozaric In 2024, several key measures have been introduced to support the development of modern homes across the state. These updates reflect Queensland's commitment to creating sustainable, resilient, and high-quality living environments.

July 2024

Mastering Deeds: A Guide to Proper Execution Across Australian Jurisdictions

By Drazen Kozaric In the realm of legal transactions in Australia, deeds hold a special place. They are solemn instruments that go beyond the simplicity of ordinary contracts, requiring specific formalities to ensure their validity and enforceabilit

July 2024

Modern Slavery Statement – is yours compliant?

By Madeleine Harling The Modern Slavery Act 2018 (“Modern Slavery Act”) requires certain entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, and for related purposes. This oblig

June 2024

Understanding Directors Penalty Notices and Eight (8) Steps to Avoid Them

by Drazen Kozaric Directors Penalty Notices (DPNs) issued by the Australian Taxation Office (ATO) are serious matters that can have significant implications for company directors in Australia. These notices are used by the ATO to recover unpaid Pay

October 2023

Chat GPT and the Legal Profession

By Madeleine Harling With the release of CHAT GPT and other versions of Artificial Intelligence (“AI”) there has been talk amongst the legal profession about how the use of Artificial Intelligence can be used to enhance legal services to our clients

August 2023

Don't "Jump the Gun" on Land Resumptions

With Ian Neil, written by Jessica Ross | Read the full article on ABC News. Lawyer Ian Neil, who has handled land resumptions for decades, said recent rapid growth in south-east Queensland had meant a "flurry of activity" involving various governmen

May 2023

Proposed Rental Law Changes – what you need to know</strong>

By Madeleine Harling With more rental law reform incoming, it’s important that both tenants and landlords are familiar with their rights and obligations. Rent increase – once per year Importantly, on 28 March 2023, the Premier announced the Queens

February 2023

Unfair Preferences Demystified</strong>

If you operate a business, it is important to be aware of what can happen if you receive a payment from a customer who subsequently goes into liquidation or bankruptcy, and a liquidator or bankruptcy trustee tries to ‘claw back’ the payment on the ba

December 2022

Default Judgments – Your Rights

Article by Ben Schefe, Michael Mapp and Conor Harvey A default judgment is an order made by the Court against the defendant without having the need for a hearing/trial in court. This primarily occurs when the defendant does not take the appropriate

September 2022

Expert Witness Obligations to the Court

The recent decision of Judge Kefford in Cannon Hill Investments et al v. Brisbane City Council and Rivermakers Wellness & Research Centre [2022] QPEC 16 (“Rivermaker’s case”) provides a salutary warning to those engaged as experts in the P&E jurisdic

September 2022

NSW Land and Environment Court Prosecution Judgment

Prosecution by the Environment Protection Authority leads to company and its director being fined, ordered to pay costs & publish notice in Quarry Magazine, Sydney Morning Herald, Daily Telegraph, Coffs Coast News of the Area and Northern Rivers Time

August 2022

Outstanding Debt: Avenues to Recovery by Statutory Demand

Article by Ben Schefe, Michael Mapp, Conor Harvey, Debt recovery can often be a tricky exercise, as debtors are adept at avoiding and/or delaying payment where there is a debt outstanding. A cost-effective avenue for debt recovery, where the debtor

August 2021

Travel Refunds from Agencies and their Suppliers: COVID-19

Since the COVID-19 pandemic first began to take effect in March 2020, Australian travellers and travel services have struggled with the constant cancellations of domestic and international travel alike. Lockdowns have resumed in most of Australia whi

April 2021

Environmental nuisance and your rights

More than 150mm of rain fell on Brisbane in the month of February followed by more than 300mm in March. While wet conditions are not unusual for South East Queensland, the volume and constancy of rain can create aggravation for home owners suffering

April 2021

Personal Injury

If you’ve been injured in Queensland because of someone else’s actions, you may be entitled to make a personal injury compensation claim. A personal injury lawyer at McCarthy Durie Lawyers can advise you on your rights and the legal options available

February 2021

Debt Recovery Update 2021

DEBT RECOVERY UPDATE 2021As you may know, due to the significant impact of COVID on the business community, temporary laws were introduced in March 2020 to attempt to help businesses and individuals stay afloat during that very difficult period.In su

November 2020

PLANNING LAW COMPLETES FULL CIRCLE IN JUST TWO YEARS

PLANNING LAW COMPLETES FULL CIRCLE IN JUST TWO YEARSIt has to be acknowledged that all professionals in the Planning Law jurisdiction earn their money, particularly when one considers the 360-degree rotation of the Planning Law regime in just two yea

October 2020

RCC Local Heritage List | Proposed Major Amendment 2020

Proposed major amendment to Redland City Plan (03/19 Heritage Major Amendment) This article was originally featured here on the Redland City Council website. If you would like additional information or to arrange an appointment to discuss your prope

June 2020

How to Deal with a Tenant’s Goods left after the Termination of a Commercial Lease?

More often than not, when a commercial landlord terminates their lease with a tenant, issues can arise concerning the tenant’s obligations to “make good” and remove their goods from the leased premises. This basically relates to personal property own

May 2020

DEBT RECOVERY DURING A PANDEMIC

During these unprecedented times, cashflow may be prompting you to act on any outstanding debts owing to you, or that are owed to you. Perhaps you have noticed that clients or customers are slower to pay during their own cashflow problems. Regardless

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