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Dispute Resolution, Property Disputes Alicia Hill Dispute Resolution, Property Disputes Alicia Hill

Did the tenant have a make good obligations in a commercial lease? Allied Pinnacle v G R Mailman illustrates the issues

In the decision of Allied Pinnacle Pty Ltd v G R Mailman & Associates Pty Ltd, Justice Muston held on proper construction of the terms, while the lease did not require removal of the fit out at the premises, it did require painting of the external premises and fulfilment of the make good obligations specified.

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ACCC v Grill’d – Misleading and Deceptive Conduct in “Greenwashing” Promotions

The ACCC has commenced proceedings in the Federal Court against Grill’d over alleged misleading and deceptive conduct for statements made in connection with the “Tree Day Tuesday” promotional campaign. Read here for details of what is alleged.

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When that 1/10th of property law prevails over the 9/10ths of possession: A review of a recent decision concerning a failed claim for a constructive trust over a residential property

In Tsakmakis v Tsakmakis [2026] VSC 386, the Supreme Court of Victoria rejected a claim for a constructive trust over a residential property, the claimant having failed to establish that his parents promised him that the property would be his, sufficient to give rise to an estoppel by encouragement.

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Unfair trading practices protections for small businesses - Federal Government seeks feedback

The Federal Government recently published a Consultation Paper on unfair trading practices protections for small businesses. In the below article, we summarise the Consultation Paper’s discussion points and key proposals under the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026.

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Revesting disclaimed property – the case of Kalium Lakes Potash Pty Ltd (in liq) v Minister for Mines and Petroleum where a liquidator’s disclaimer was overturned

In Kalium Lakes Potash Pty Ltd (in liq) v Minister for Mines and Petroleum [2026] FCA 355, tenements disclaimed as onerous property were ordered to be revested to the plaintiffs so as to not prejudice creditors.

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Continuing proceedings against companies in liquidation: the power of public interest

The case of Secretary, Department of Health, Disability and Ageing v AG Therapeutics Pty Ltd [2026] FCA 333 emphases the significance of public interest in allowing claims against companies in liquidation to proceed. Read our article to find out more.

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Empireal and the $1 Deal: Honesty, Insolvency and the Limits of Director Liability

When does a director cross the line? Re Empireal explores the fine line between legitimate crisis management and breach of duty as a director, helping directors and insolvency practitioners understand what it takes to stay on the right side of it.

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Good faith in franchising: how far does it stretch?

The Franchising Code of Conduct imposes an obligation of good faith on parties to a franchise agreement. The scope of this obligation can be particularly uncertain. This article breaks down how the courts have interpreted the requirement and what it means for your business.

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Unpacking the ACCC’s 2026-29 Strategy and the regulator’s priorities for the year ahead

The ACCC’s 2026–2029 Strategy (Strategy) reflects the regulator’s growing willingness to connect consumer protection with broader competition and productivity priorities, particularly in response to the mounting cost-of-living pressures and digital disruption impacting the economy.

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Creditors voting rights on unliquidated or contingent claims: Re Mercon Group Pty Ltd

In Re Mercon Group Pty Ltd (subject to deed of company arrangement) [2025] NSWSC 1601, the Owners – Strata Plan No 93160 (Owners Corporation) had unresolved proceedings against Mercon Group Pty Ltd before Mercon went into voluntary administration.

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A tale of safe harbour and misleading and deceptive conduct: lessons for directors and company officers

While company directors will generally be held personally liable for insolvent trading, the safe harbour provisions under section 588GA of the Corporations Act 2001 (Cth) (Corporations Act) provides protection, if certain conditions are met.

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Breaking down the draft Unfair Trading Practices Bill: what the changes could mean for your business

In February, the Federal Government published a draft Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Cth). The draft proposes significant restrictions in relation to drip pricing, subscription contracts and unfair trading practices that manipulate, distort or detriment consumers. This article breaks down the major proposals and their effect on businesses.

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Legal professional privilege: How safe are your documents in the hands of others?

Knowing about legal professional privilege (LPP), when it applies and how it can be protected (and lost) is not something that may be on everyone’s radar on a day-to-day basis; by the time it is, it is usually already too late.

This article looks at a recent decision of the Supreme Court of South Australia concerning LPP and how LPP can be held and treated by more than 1 person: PK v The Salesian Society Inc [2025] SASC 208.

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Insolvency, Dispute Resolution Alicia Hill Insolvency, Dispute Resolution Alicia Hill

Assessing when a limitation period applies to a claim and substantiating loss: Lessons from R Lawyers v Mr Daily

The task of assessing whether a claim may have expired due to the application of a statutory limitation period and how to substantiate a loss claimed if there is a viable claim is not always straightforward.

In the decision of R Lawyers v Mr Daily [2025] HCA 41, the High Court of Australia clarified when a limitation period will start running for professional negligence and the evidence needed to substantiate a claim for loss where negligence has been established in a case involving a binding financial agreement.


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The line between licence and franchise: is the agreement a franchise?

In the decision of Leon Cycle Pty Ltd v Hi5 Scooters Pty Ltd and Jamal Raad Raad, Her Honour Judge Burchell held that the Licensing Agreement between Leon Cycle and Hi5 Scooters was not a franchising arrangement for the purposes of the Franchising Code of Conduct.

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Protecting Secured Interests: Important asset protection considerations from Jones (Admin) v Realtek

The interests of a secured party are not unfailing, and appropriate attention should be given to ensuring that they are placed to receive the best outcome from administration. The extent of this susceptibility was highlighted in the recent Federal Court decision of Jones (Admin) v Realtek Semiconductor Corp Nuheara Ltd (Admins Apptd) (No 1) [2025].

Where an arrangement undermines the entitlements of a secured creditor, consideration should be had to the benefits conferred by the arrangement on other creditors broadly, particularly where the alternative is liquidation.

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Form vs Reality: Where franchisors may be liable for franchisee conduct – lessons from ASIC v Darranda.

The recent Federal Court decision in ASIC v Darranda Pty Ltd [2024] FCA 1015 highlights that where a franchisor designs the systems, documents or marketing used by franchisees, it may be held liable for regulatory breaches in its network, even without direct dealings with consumers.

#franchising #franchisorliability #ASIC #RegulatoryCompliance

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