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Publication
17 December 2018

There’s a huge variety of conduct that can found an oppression suit pursuant to Section 232 of the Corporations Act 2001 (Cth). The “commercial unfairness” test for proving oppression can be described as a little vague.

This vagueness makes life difficult for corporations and those that control them, as the consequences of an oppression suit can be brutal, including the existential threat of the company being wound up.

But what happens if a party claims it is being oppressed, commences legal proceedings, and then claims that the defendants’ conduct within the legal proceedings is itself oppressive? 

How does the court deal with oppression within oppression?

Publication
17 December 2018

Case Note - The recent United Kingdom Supreme Court decision in the matter of Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 deals with the duty of a hospital to take care not to provide misinformation to patients in an Emergency Department (ED) setting.

The case serves as a reminder that the duty of care owed by hospitals and medical facilities extends to both medical and non-medical staff, and includes a duty to take reasonable care not to provide misleading information.

A similar factual and medical scenario was considered by the Supreme Court of NSW, in the case: Wang v Central Sydney Area Health Service and 2 Ors [2000] NSWSC 515 (9 June 2000).

News
16 November 2018

Makinson d’Apice would like to congratulate all of our lawyers and teams that have been recognised in the Doyles Guide throughout 2018.  

News
05 November 2018

We are delighted to announce that Sarah Henry, Lesley Bush and Makinson d’Apice have been recognised in the 2018 Doyles Guide.

Publication
by David Andrews and James d'Apice
17 December 2018

There’s a huge variety of conduct that can found an oppression suit pursuant to Section 232 of the Corporations Act 2001 (Cth). The “commercial unfairness” test for proving oppression can be described as a little vague.

This vagueness makes life difficult for corporations and those that control them, as the consequences of an oppression suit can be brutal, including the existential threat of the company being wound up.

But what happens if a party claims it is being oppressed, commences legal proceedings, and then claims that the defendants’ conduct within the legal proceedings is itself oppressive? 

How does the court deal with oppression within oppression?

News
by Bill d'Apice and 4 others
11 October 2018

The Prime Minister released the terms of reference for the Royal Commission into Aged Care Quality and Safety on 9 October 2018.

To assist you, we refer you to our short brochure summarising a number of preliminary legal and administrative issues which you may wish to consider at this stage.

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