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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
In a recent big win for the Australian Taxation Office (ATO), the High Court decision in Glencore International AG v Commissioner of Taxation [2019] HCA 26 was handed down on 14 August 2019, upholding that legal professional...
The Land and Environment Court has determined the first Strata Renewal Plan be given effect under the Strata Schemes Development Act 2015 (the Act). In the case of Application by the Owners – Strata Plan No. 612...
A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right. This is known as the doctrine of election. Last Friday the New South Wales Court of Appeal applied the pr...
It is trite to say that a contract sets out various rights and obligations that the parties to it have. Generally, contracts will specify when these rights have to be exercised or obligations have to be performed. But what if the contract is...
The Court of Appeal has recently affirmed a decision to hold a religious tribunal guilty of contempt of Court for trying to pressure one of its adherents into submitting to its jurisdiction for a commercial dispute, as opposed to bringing a claim in ...
Parties to litigation often fire off subpoenas to third parties seeking the production of documents. These subpoenas may seek voluminous documents. The subpoenaed party may often feel that they do not have appropriate redress available in ensuring th...
The NSW Government has now (on 26 June 2019) released a discussion paper entitled "Building Stronger Foundations: Implementing the NSW Government Response to the Shergold Weir Building Confidence Report" (the Discussion Paper
It is a commercial fact of life that businesses will seek to merge with each other. Combining the efforts and resources of two previously separate competitors in an industry can lead to a more successful business. However, the businesses must be well...
The Federal Court decision of Australian Competition and Consumer Commission (ACCC) v Ultra Tune Australia Pty Ltd [2019] FCA 12 sent shockwaves through the franchise sector after imposing a $2.604 million penalty against national franchisor...
