When Power Meets Purpose: The Fairness Test in Wayde v NSW Rugby League
When governing bodies or boards exercise broad discretionary power, the question quickly becomes: where is the line between legitimate strategy and unfair prejudice?
Wayde v NSW Rugby League shows how courts weigh fairness, discretion and the limits of oppression claims — lessons that matter for every modern leader facing conflict between individual interests and organisational purpose.
When Purpose Blurs, Protection Disappears: The Lesson of Esso v Commissioner of Taxation
The High Court in Esso v Commissioner of Taxation confirmed the dominant purpose test for legal professional privilege and showed how easily privilege unravels when legal and commercial work is mixed. The case remains a warning that clarity of purpose must be built into structure, not reconstructed after the fact.