Doyles Guide
Anthony Lo Surdo SC has been named by Doyles Guide to the Australian Legal Profession 2016 as one of the State's leading insolvency and reconstruction silks. www.12thfloor.com.au www.silkmediator.com.au
Exercising powers of advancement under a Trust
In the recent decision of Robert William Fischer & Ors v Nemeske Pty Ltd & Ors [2016] HCA 11 (6 April 2016), the High Court of Australia considered the extent to which a change in ownership of trust assets is necessary when…
Appointment as a Fellow, ACICA
In recognition of his experience in international arbitration, on 1 June 2016, Anthony Lo Surdo SC was appointed as a Fellow of The Australian Centre for International Commercial Arbitration (ACICA) and to its panel of arbitrators. ACICA is Australia's leading…
ADVOCATE’S IMMUNITY REVISITED AND EXPLAINED
Introduction In Attwells & Anor v Jackson Lalic Lawyers Pty Ltd [2016], HCA 16 (4 May 2016), the High Court of Australia allowed an appeal from the New South Wales Court of Appeal, reaffirming the scope of advocate’s immunity in…
![Court Accepts Market-based Causation: In The Matter Of HIH Insurance Limited (In Liquidation) [2016] NSWSC 482 (20 April 2016)](http://www.silkmediator.com.au/wp-content/uploads/2016/03/supremecourt.jpg)
Court accepts market-based causation: In the matter of HIH Insurance Limited (In liquidation) [2016] NSWSC 482 (20 April 2016)
On 20 April 2016, Brereton J of the Supreme Court of New South Wales delivered judgment in four sets of proceedings brought by plaintiffs who were shareholders in HIH and who acquired HIH shares in the period between 26 October…
Unreasonable director-related transactions revisited
In Crowe-Maxwell v Frost [2016] NSWCA 46 (16 March 2016), the New South Wales Court of Appeal provides a useful summary of the elements and proof of a claim by a liquidator for the recovery of payments alleged to constitute…
NSW Supreme Court considers whether a blood test trumps a breath test
There is a common misconception that you can beat the breathalyzer by holding out for a blood test in the hope or expectation that by the time the latter test is taken that the alcohol reading will be below the…
Should indemnity policies be construed in favour of insurers if in doubt?
The substantive issue in this appeal determined by the Full Court of the Federal Court of Australia (Allsop CJ, Gleeson & Beach JJ) on 19 February 2016 was the proper interpretation and construction of the financial services errors and omissions…
Insurer’s Liability to Third Parties
On 11 February 2016, the High Court of Australia delivered judgment in CGU Insurance Limited v Blakeley [2016] HCA 2. At issue was whether the liquidator of a company was entitled to join an insurer for the purpose of seeking…
The High Court on Civil Penalties
On 9 December 2015, the High Court of Australia delivered judgment in Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 unanimously allowing an appeal from the Full Court of the Federal Court of Australia judgment in Director, Fair…