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Litigation and Dispute Resolution

When business in the “usual and ordinary course” collides with unprecedented times: The High Court weighs in on effect of Public Health Orders on contract for sale of hotel

This is the latest in a series of articles which has followed the run of appeals of the decision of Darke J in Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504. Our first article, analysing the decision at first instance...

Published by Chiara Rawlins
27 March, 2023
Private Clients

Chisak v Presot: Family Provision Claims and Grandchildren

Chisak v Presot [2022] NSWCA 100 Judgment Date:  21 June 2022   Explanation: The recent decision of ...

Published by Terry McCabe
24 March, 2023
Litigation and Dispute Resolution

Left hanging on an agreement with the Council: Damages for reliance loss

Where a breach of contract occurs, the party who has not breached the contract is entitled to recover damages to compensate for any loss suffered (1). A breach may occur by a failure to perform or by anticipatory breach by the breaching party. To rec...

Published by Chiara Rawlins
14 March, 2023
Litigation and Dispute Resolution

McCabes adds four principals to Insurance division

McCabes has bolstered its Insurance Division recruiting David Cooper, and elevating Karl Maakasa to the role of principal in the Workp...

Published by McCabes News
10 March, 2023
Employment

Secure Jobs Better Pay Act – Key Amendments: Sexual harassment in the workplace

This article continues our series of articles exploring the key amendments to the Fair Work Act 2009 (Cth) (FW Act) made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Secure Jobs Act), and specifically explores change...

Published by Tim McDonald
7 March, 2023
property

Tax treaties and the scaling back of surcharge land tax and surcharge purchaser duty

For the best part of the last decade, certain foreign purchasers and owners of residential land in New South Wales have been subject to the payment of surcharge purchaser duty on their acquisitions, and surcharge land tax assessed annually on their r...

Published by Daniel Murray
21 February, 2023
Insolvency

Accessorial Liability under the Corporations Act 2001 (Cth)

Meaning of accessorial liability Individuals or corporations may be liable for contraventions of the Corporations Act 2001 (Cth) ('the Act') on the basis of their primary liability or accessorial liability. Primary...

Published by Chiara Rawlins
7 February, 2023
Employment

Paid family and domestic violence leave commencing 1 February 2023

Employers should ensure their employment contracts, leave policies and payroll systems are up to date to comply with the new paid family and domestic violence (FDV) leave entitlement by its commencement on 1 February 2023

Published by Tim McDonald
30 January, 2023
Insurance

Personal injury claims, ‘obvious risks’ and liability

In New South Wales, the Civil Liability Act 2002 NSW (the Act) is the governing legislation that governs the recovery of damages for personal injury caused by the fault of a person. Part 1A of the Act outlines the rules pertaining to negligence, whic...

Published by Peter Miller
12 January, 2023
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