Relationship between a banker and a customer
Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 (5 February 2014) However, as part of the wider framework, reference also must be made to the established principles concerning the relationship of banks and their customers. These were summarised in Andrews Trial at [81]-[82] (see also BMP Global Distribution Inc v Bank […]
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Failure to pass a Standard does not of itself establish negligence
Garrett v Hills Industries [2006] QDC 299 – Even if a device of product failed to pass all relevant tests of the Australian standard, this would not, of itself, establish negligence: O’Connor v Hansen Wilckens Hornibook Constructions Ltd (1968) 42 ALJR 239; Crisa v John Shearer Ltd (1981) 27 SASR 422 at 428. Failure to follow […]
Read MorePPSA and PPS Register, general outline; critical issues and applications to the sale of business.
This is a presentation delivered by Dr William Higgs (Barrister-at-Law, Elizabeth Street Chambers) and Alex Chernishev (Senior Associate, Mills Oakley) entitled: PPSA and PPS Register, general outline; critical issues and applications to the sale of business. The paper was delivered at the Lawyers Learning For Charity Conference. Eastern Suburbs Law Society, Law Society of New South Wales. The […]
Read MoreTrustee duties – general law and superannuation law
No different approach has been taken: see Re Application of HIH Superannuation Ltd [2003] NSWSC 65; Breckler at 109-110 ([41]); Kowalski v MMAL Staff Superannuation Fund Pty Ltd (No 2) [2008] FCA 691 at [21]– [25]; Telstra Super Pty Ltd v Finch [2009] VSCA 318 at [65]; and J C Campbell, ‘Exercise by Superannuation Trustees […]
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