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Insolvency

Can the courts of the USA police Australian companies? International reach exceeds jurisdictional grasp

As international trade becomes more common, so do international legal disputes. Where proceedings are commenced against you or your company in a foreign court, but you do not have a physical presence in that country, an important question arises – ca...

Published by Chiara Rawlins
16 October, 2017
Litigation and Dispute Resolution

The law on heartbreak: breaches of contract and marriage

It is unusual for a decision of the Local Court of NSW to garner significant public attention, and even more unusual for any Local Court to have to consider a historically unsettled area of law. But the recently published judgment in Toh v Su

Published by Chiara Rawlins
13 October, 2017
Insolvency

Can an unsent text message amount to a will?

The recent Supreme Court of Queensland case of Nichol v Nichol [2017] QSC 220 reveals a rather tragic story. It also serves as useful example of the relating to informal wills. The deceased, Mark Nichol, was married three times. He became e...

Published by Chiara Rawlins
13 October, 2017
Litigation and Dispute Resolution

Limitations on entire agreement clauses

Entire agreement clauses are often employed as a means of defining the parameters of an agreement. However, in reality such clauses are far from definitive and may be subject to a variety of limitations.   What is an entire agreemen...

Published by McCabes News
25 September, 2017
Litigation and Dispute Resolution

Heads of Agreement – are they enforceable?

Parties to commercial transactions often enter into short preliminary agreements which are commonly referred to as heads of agreement, lease proposals, letters of intent and memorandums of understanding. These agreements are usually not enforceable ...

Published by McCabes News
21 September, 2017
Litigation and Dispute Resolution

When does a conversation become a contract?

There is a common misconception that oral discussions do not give rise to binding agreements, however, provided the essential elements of a contract exist, oral conversations can form binding agreements, and a court will apply an objective test as to...

Published by McCabes News
21 September, 2017
Litigation and Dispute Resolution

Court questions the power to order compensation to purchasers of off-the plan contracts for rescission under sunset clauses

In a recent case before the NSW Supreme Court (352 Bourke Street Pty Limited as Trustee for 352 Bourke Street Unit Trust v Kerry Gai Rhall), Emmett J was tasked with determining the scope of the nascent “sunset date” provisions introduced in...

Published by McCabes News
15 September, 2017
Litigation and Dispute Resolution

Purpose and Implementation – Mandatory Independent Hearing and Assessment Panels (IHAPs) for Sydney Metropolitan and Wollongong Local Councils

On 8 August 2017, Minister for Planning and Housing, Anthony Roberts, and Minister for Local Government, Gabrielle Upton, announced that the NSW State Government will introduce a Bill to make Independent Hearing and Assessment Panels (IHAPs

Published by McCabes News
10 August, 2017
COVID-19

Changes to the high income threshold and compensation limit for unfair dismissal claims

From 1 July 2017, the high income threshold will be $142,000 and the compensation cap for unfair dismissal claims will be $71,000. As we have previously reported, the National Minimum Wage will increase to $694.90 per week from 1 July 2017 (click

Published by McCabes News
3 July, 2017
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