Updated product safety mandatory reporting guidance for suppliers now available

Today the Australian Competition and Consumer Commission (ACCC) published its updated Mandatory Reporting Guideline to help businesses understand and comply with their mandatory reporting obligations. The updated guideline also recommends voluntary reporting of incidents that do not meet the mandatory reporting requirements, such as near misses, to help provide the ACCC with an early indication […]

Pleading fraud – cause and effect is essential

It is trite law that “The material facts establishing the necessary causal link should be pleaded“. Some guidance to the proper approach may be derived from the ordinary rule of pleading applicable in cases of fraud of which Lord Watson said in Dow Hager Lawrance v Lord Norreys (1890) 15 App Cas 210 at 221: ‘… The ordinary […]

Does the Trustee’s right of indemnity have priority over the right of beneficiaries in relation to assets?

In Chief Commissioner of Stamp Duties (NSW) v Buckle, the High Court held that a trustee’s right of indemnity out of trust assets was not an encumbrance upon the interests of the beneficiaries. Until the trustee’s right of reimbursement or exoneration has been satisfied, it is impossible to say what the trust fund is, in […]