LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.


The ‘Harman’ obligation and private interests: considering practical issues when a liquidator assigns a claim to a litigation funder

Section 100-5 of the Insolvency Practice Schedule, which was introduced in 2017, provides that an external administrator of a company may assign his or her right to sue under the Corporations Act 2001 (Cth). The Federal Court has recently considered…

Madeleine McCarthy

Canada Square v Potter: Meaning of Deliberately Concealed Right of Action and Deliberate Breach of Duty for Purposes of Section 32 Limitation Act 1980

Section 32 of the Limitation Act 1980 (“LA 1980”) is an important provision for claimants in a limitation context. It postpones the running of a limitation period where the defendant has deliberately concealed a fact relevant to the claimant’s right…

Lucas Arnold

Remote Hearings, Access to Justice and the Efficient Resolution of Disputes

The conduct by courts of remote hearings has been one of the significant changes to the administration of the legal system caused by the COVID-19 pandemic. In the early stages of the pandemic, remote hearings were turned to as a…

Mark Giddings

Stoffel & Co v Grondona: Supreme Court Reaffirms Principled Policy-Based Approach to Illegality

In Stoffel & Co v Grondona [2020] UKSC 42, the Supreme Court was asked to decide whether a firm of solicitors could escape liability for its negligent failure to register a property transfer and related charge, in circumstances where the…

Vaiben Lipman

Social Licence to Operate and Directors’ Duties – the Uncertainty of the Balancing Act

A company’s social licence to operate, and its directors’ obligations to ensure that it is maintained, is one of the current hot corporate governance topics. In the wake of the recent media furore that has surrounded the Rio Tinto board’s…

Julia Dreosti

Updated 2020 LCIA Arbitration Rules

The London Court of International Arbitration (“LCIA”) released an update to its Arbitration Rules on 11 August 2020, with the revisions taking effect on 1 October 2020 (“2020 Rules”). Whilst the 2020 Rules have been said to be a “light…

Hana Kapadia and James Hayton

Statutory Demands under the Coronavirus Economic Response Package Omnibus Act 2020

This note considers the amendments made in the Coronavirus Economic Response Package Omnibus Act 2020 (Omnibus Act), to the statutory demands regime provided for in the Corporations Act 2001 (Cth) (Corporations Act), and, in particular, the significance of that amended…

Allie Umoff

Hong Kong Arbitration Week Event – When Insolvency Strikes – When, Where and How to Arbitrate

Around 100 participants attended a recent webinar titled, “When insolvency strikes – when, where and how to arbitrate”, hosted by Lipman Karas on 20 October 2020, as part of HKIAC’s Hong Kong Arbitration Week 2020. Jason Karas (Lipman Karas) chaired…

Webinar Report by Andy Lau

ASIC v Mitchell (No 2) Serves Up Guidance on Directors’ Duties

The judgment by Beach J in ASIC v Mitchell (No 2) offers helpful guidance on the role of the chairperson, the extent to which boards can rely on the judgment and expertise of management and the scope of the business…

Allie Umoff and Katie Walsh

Australian Arbitration Week 2020 – Insolvency Risks and Arbitration Opportunities

Lipman Karas Principal Julia Dreosti hosted a panel on the intersection between insolvency and arbitration for Australian Arbitration Week 2020. The panel, which included Oliver Gayner (Omni Bridgeway), Chris Hill (PwC), Nick Gallus (Lipman Karas) and Cara North (Lipman Karas),…



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