Latest publications
Disclosure: When is enough enough?
Disclosure, the family law equivalent of discovery in other kinds of civil proceedings, is a foundational part of family law matters. The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (“the Rules”) and the various predecessors of those Rules have long included a requirement that:… each party to a proceeding has a duty…
When Judges return to practice: a closer look at the decision in Tanit & Tanit
In the Federal Circuit and Family Court of Australia, being a Federal Court, the compulsory retirement age of Judges is 70 years of age. If Judges don’t retire before they turn 70 (which many Judges do), they are forced to leave the role at 70 pursuant to Section 72 of the Constitution. According…
SP6534 v Elkhouri; Owners Corporation SP6534 v Perpetual Corporate Trust Ltd [2024] NSWCA 279 (in Eq. Div) (27 November 2024)
Background and PartiesMr. Elkhouri (Elkhouri) owned Lot 11, a penthouse apartment in an 11 lot residential strata scheme at Point Piper, Sydney. The lot occupied the top two levels of the building and included balconies and rooftop areas that were common property. When Elkhouri purchased Lot 11 in 2007, he had no exclusive rights…
A Frustrated FWC: Looking beyond the “Plumber’s Crack”
The recent Fair Work Commission (FWC) decision in Anthony Davitkov v Woolworths Group Limited [2026] FWC 1655 has attracted much mirth because it refers to an employee who brought a general protections dismissal application because he was informed by a colleague that (and this was paraphrasing from the presiding member, Deputy President Colman)…
Australian Anti-Money Laundering AML/CTF Tranche 2 laws are coming
Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act is designed to stop illegal funds from entering the financial system. It is estimated to be a $68 billion problem in Australia alone. This legislation aims to stop the flow of crime money and bring us in line with the rest of…
Oberto Pty Ltd v The Owners Strata Plan No 2004 No 2 [2026] NSWCATCD 24 & costs in Strata Disputes – Rule 38 of Civil and Administrative Rules 2014
After a lot owner was successful in its claim for damages in an apartment building as a result of an owners corporation’s breach of statutory duty under section 106(1) of the Strata Schemes Management Act 2015, the Tribunal applied rule 38 of the Civil and Administrative Rules 2014 (r38) to award costs…
The Expanding Scope of Developer and Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170
The New South Wales Court of Appeal’s decision in The Owners Strata Plan No 66375 v King remains one of the most significant authorities on statutory warranties under the Home Building Act 1989 (NSW). The case clarified both the interpretation of section 18B warranties and the breadth of a developer’s liability to…
Payday for liquidators!
Orders sought, orders made, liquidators fully paidIn the recent matter of Shield Resources Pty Ltd (in liq) and Shield Holdings South Australia Pty Ltd (in liq), two liquidators sought remuneration in the sum of $645,470.40 plus expenses and costs (In the matter of Shield Resources Pty Ltd (In Liquidation) and Shield Holdings…
The extended 6 year limitation period for SSMA section 106 strata claims is not retrospective
In the recent decision of John Goubran & Associates Pty Ltd ACN 070 974 819 v The Owners – Strata Plan 57150 [2026] NSWDC 9 (Goubran) it was held that the limitation period which was amended from 2 years to 6 years from 1 July 2025 under s106(6), is not retrospective and does not extend…
Exposing the Constructive Dismissal Shibboleth
This article examines the Fair Work Commission’s decision in Bailey Richens v BDO Administration Pty Ltd [2025] FWC 3699, highlighting the risks of premature resignation and clarifying why invoking “constructive dismissal” can undermine, rather than support, a claim.The concept of “constructive dismissal”Some aggrieved employees consider the invocation of the words “constructive dismissal” akin…