Recent News Articles by Thomas:

Beware: Construction contracts and ipso facto insolvency reforms

Where a contractor, such as a builder or sub-contractor, suffers from an event of insolvency or is actually insolvent, most standard building contracts currently grant a principal, such as an owner or head-contractor, “ipso facto” rights, such as the rights to suspend building works, call upon and enforce any security given by the contractor, and terminate the building contract.

Insolvency reforms to take effect on 1 July 2018 will instead prevent the enforcement of ipso facto rights, to provide opportunities for insolvent companies to restructure.

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Bethesda sues Warner Bros. over video game "blatant rip-off"

I’m a huge nerd. I love my video games.

Published is a copy of the lawsuit obtained by Polygon, filed by Bethesda Softworks against Warner Bros. Entertainment on 21 June in the Maryland US District Court.

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Canadian couple lose appeal against continuing child custody order - claim to speak in tongues to a stuffed lion which responds with the word of the Lord

On 1 June 2018 the Supreme Court of British Columbia dismissed the appeal of a religious couple, against an order that their child, “CJ”, was in need of protection such that the child would be placed in the continuing custody of the Director of Child, Family and Community Service (Department).

At trial, the couple refused legal aid assistance and maintained that their legal counsel was the Lord Jesus Christ. They also appeared to “speak in tongues” before the Court – including to a stuffed toy lion – that they claimed responded with the words of their counsel, the Lord.

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The enforceability of loan documents where a director’s signature is alleged to have been forged

A decision of the NSW Supreme Court is a reminder that an assumption is available entitling a lender to rely on a document containing the forged signature of a company director, where it has no knowledge of suspicion of any forgery.

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What is a “Harman undertaking” and why is it important?

There is an “implied undertaking” – which often times eludes even the most seasoned of lawyers – that material produced under compulsion cannot be used for an ulterior or collateral purpose and only for the purpose for which it was produced.

If you’re a legal practitioner in the midst of advising or assisting your client make a complaint to, (for example), a government body, about an opposing litigant, using material derived from a compulsory process (such as through disclosure under the rules of Court) your client (or you) could be exposed to a finding of contempt of Court.

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Workplace bullying: “The plaintiff alleged that Mr Short would regularly ‘lift his bum and fart’ on him or at him and that Mr Short thought this was funny”

Mr David Hingst brought an action in the Victorian Supreme Court against his former employer, Construction Engineering (Aust) Pty Ltd, claiming damages of $1.8 million because, he alleged, he was bullied in the workplace and had, as a result, developed a psychiatric injury (including fibromyalgia and irritable bowel syndrome).

The nub of the allegations in support of Hingst’s claim were that there was a “conspiracy” between two of Mr Hingst’s supervisors and a manager to marginalise Mr Hingst and have his employment terminated. It was also alleged that a number of “discrete or peripheral incidents occurred”, including an incident where a work colleague started farting in a communal office space shared by Mr Hingst.

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Full Archive of News Articles by Thomas: