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Articles by Max Carlyon
Cooper Grace Ward’s corporate advisory team recognised in Doyles Guide
The corporate advisory team at Cooper Grace Ward has once again been listed in Doyles Guide as one of the top corporate law practices in Queensland, achieving a ‘leading’ ranking for 2025. Partners Charles Sweeney and Andrew Corkhill have also been listed in the Doyles Guide rankings of leading corporate and commercial lawyers.
What are the common pitfalls in discretionary trusts?
In this edition of It depends, special counsel Tom Walrut discusses some of the common pitfalls in discretionary trusts. Video Transcript Hi, my name is Tom Walrut, and I’m a special counsel here at CGW. And welcome to this week’s very special edition of It Depends, in the lead up to Adviser Day. So, for today’s it depends, we’ll be talking about some of the common pitfalls in the use of discretionary trusts.
Commissions of inquiry: an organisational perspective
Introduction Commissions of inquiry have become increasingly prevalent. The advent of 24-hour news and social media commentary means that pressure can quickly mount on governments to establish a commission to inquire into matters that have captured the interest of the public. There can be unique challenges for organisations that might be called to be involve in such proceedings.
ACCC issues warnings to Australian businesses following a sweep of retail website policies, terms and conditions
What are consumer guarantees under the ACL? Under the ACL, consumers have automatic protections when purchasing goods and services, known as consumer guarantees. These include (without limitation) guarantees pertaining to acceptable quality, fitness for purpose and conformity with descriptions or samples.
Commissions of inquiry: an organisational perspective
Introduction Commissions of inquiry have become increasingly prevalent. The advent of 24-hour news and social media commentary means that pressure can quickly mount on governments to establish a commission to inquire into matters that have captured the interest of the public. There can be unique challenges for organisations that might be called to be involve in such proceedings.
Defamation perspectives: the ‘serious harm' element a serious hurdle for plaintiffs
Introduction Since the amendment of the model defamation provisions in 2021, it has been a requirement for defamation claimants to prove that the publication they complain of has caused, or is likely to cause, serious harm to their reputation.
Defamation perspectives: separate 'serious harm' hearings and the Federal Court
Separate ‘serious harm’ hearings in defamation cases In 2021, the law of defamation in most Australian states and territories was significantly amended to provide that, in a defamation action, the claimant must prove that the relevant publication caused, or is likely to cause, ‘serious harm’ to their reputation. The main rationale behind introducing the ‘serious harm’ threshold was to discourage claims where any compensation awarded would be dwarfed by the legal costs incurred.
CGW’s corporate advisory team once again listed in Doyle’s Guide
Cooper Grace Ward’s corporate advisory team, managing partner Charles Sweeney and partner Andrew Corkhill have been named in the 2024 Doyle’s Guide rankings of leading corporate lawyers and law firms. The corporate advisory team as a whole has been ranked among the Leading Corporate Law Firms in Queensland. Once again, both Charles and Andrew have been recognised as ‘leading’ in Leading Business & Commercial Lawyers and ‘recommended’ in Leading Corporate Lawyers.
It Depends - What do we mean when we say someone lacks capacity?
In this edition of ‘It depends’, associate Sarah Camm talks about what we mean when we say that someone doesn’t have capacity in estates matters. Video transcript Hi, and welcome to another episode of It depends. This week we will be talking about what we mean when we say that someone doesn’t have capacity. What is capacity?
Digital age pitfalls with BIF Act claims
Digital age pitfalls with BIF Act claims The digital age has certainly enhanced our ability to convey information, something that is very important in the building and construction industry. However, technology can also create pitfalls, particularly when it comes to claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), where compliance with technicalities is critical. The case of Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd gives a recent illustration.
Digital age pitfalls with BIF Act claims
Facts Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd [2023] QSC 290 involved a contractor and principal disputing the amount claimed by the contractor under a payment claim. The contractor sought to secure payment through a Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) adjudication application that was lodged using an online form accessed from the QBCC website.
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