The duty of principals to independent contractors

(Source: Leighton Contractors Pty Ltd v Fox Calliden Insurance Limited v Fox [2009] HCA 35; 2 September 2009) It is plain that the common law does not impose a duty of care on principals for the benefit of independent contractors engaged by them of the kind which they owe to their employees (Stevens v Brodribb Sawmilling […]

10, 27, 2016
Comments Off on Alienation of real estate by gift

By whiggs

Equity, Real Property, Trusts & Trustee Law

Alienation of real estate by gift

(Source: Isin v Ozen [2016] NSWSC 1480; [157]-[165] per Hallen J) Alienation of real estate will be effective, in equity, by gift, if the gift is “complete”: Corin v Patton (1990) 169 CLR 540; [1990] HCA 12, at 558, 563 – 570, 582 – 583; Costin v Costin (1997) 7 BPR 15,167; [1997] NSW ConvR 55-811; […]

10, 27, 2016
Comments Off on Witness credibility (deceased estates)

By whiggs

Other, Trusts & Trustee Law

Witness credibility (deceased estates)

(Source: Isin v Ozen [2016] NSWSC 1480) It is plain that the credibility of witness evidence is critical (lets say determinative) in cases where conversations are alleged with a deceased (for want of a better word!). There may or sometimes will usually be contemporaneous documents including where authenticity of such documents is not in issue. […]

10, 20, 2016
Comments Off on Marketing practices in initial public offerings (IPO) of securities Report 494

By whiggs

Financial Services, Fundraising (Chapter 6D), Securitisation, Transactional Law

Marketing practices in initial public offerings (IPO) of securities Report 494

From Report 494 Marketing practices in initial public offerings of securities September 2016. The report outlines the key findings from reviews we conducted by ASIC to examine how initial public offerings (IPOs) are marketed to retail investors. ASIC particularly considered the extent to which social media has become important for marketing. The report identifies some risks and recommendations that may be […]