5 Selborne associate member Shane Doyle KC has been listed as the Market Leader in Commercial Litigation & Dispute Resolution and Insolvency & Restructuring and Preeminent in Construction & Infrastructure in Doyle’s Guide Queensland 2022.
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Stephanie Fendekian presented to Piper Alderman on the topic ADR Clauses in Commercial Contracts: Tips and Traps. The presentation focused on how courts have construed ADR clauses when determining their enforceability.
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Michelle Hirschhorn appeared for the successful Commissioner in Kais Jewellery (Syd) Pty Ltd and Commissioner of Taxation [2022] AATA 425, which concerned entitlement to GST input tax credits for purported acquisitions of scrap gold and assessment to tax of a director on cash withdrawals from a company.
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Jennifer Hillier appeared for the successful appellant in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2022] HCA 11, which concerned liability in negligence for injuries suffered during a sports competition. The decision is the latest word on breach of duty, causation and “obvious risk” under the Civil Liability Act 2002 (NSW).
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Peter Wood appeared for a former Deutsche Bank executive in the abandoned ACCC prosecution referred to in the Australian financial press as the ACCC bank cartel case. Pre-trial processes reportedly ran for four years before the case was discontinued.
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Stephanie Fendekian appeared for ASIC in Australian Securities and Investments Commission v Caddick [2021] FCA 1443, in which the Federal Court appointed receivers over Ms Caddick’s property and liquidators to her company. Ms Caddick reportedly defrauded investors of almost $24 million.
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Stephanie Fendekian and Fiona McNeil appeared for the successful defendants in Sheppard v Smith [2021] NSWSC 1207, a Real Property List dispute concerning a right of way.
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John Hyde Page appeared for the successful taxpayer in Addy v Commissioner of Taxation [2021] HCA 34, in which the High Court of Australia unanimously decided that the working holiday maker tax contravened a non-discrimination clause in the Australia-UK tax treaty because it imposed more burdensome taxation due to nationality. The ruling reportedly affects a significant number of foreign workers.
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Peter Wood has been listed in Band 1 for Dispute Resolution in Chambers and Partners Asia-Pacific 2021.
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Michelle Hirschhorn has been listed as a leading junior counsel for Tax in Chambers and Partners Asia-Pacific 2021.