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Litigation and Dispute Resolution

Subpoenas to produce – refusing to comply because of insufficient conduct money? Think again!

McCabes regularly receives correspondence from recipients of subpoenas to produce asserting that they do not intend to comply with the terms of a subpoena issued to them on the basis that insufficient conduct money has been provided. Given t...

Published by Chiara Rawlins
10 October, 2016
Litigation and Dispute Resolution

Litigant trustees: making sure you are not left to personally foot the bill for the costs of litigation

There are many reasons why a trustee might find itself in the position of bringing or defending a claim on behalf of a trust. The first thing that a trustee on the brink of commencing or defending litigation should do is seriously consider whether to...

Published by Andrew Lacey
6 September, 2016
Litigation and Dispute Resolution

NSW Strata Reforms – Key changes of how it will affect you

The state’s major overhaul of the strata laws will finally commence on 30 November 2016 with the introduction of the Strata Schemes Management Act 2015 (the Act), the Strata Schemes Management Regulation 2016 (the Regulations...

Published by McCabes News
23 August, 2016
Litigation and Dispute Resolution

Enforceability of ambiguous representations – High Court of Australia provides clarity

Earlier this year we published an article on the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor, noting that there had been a grant of special leave to appeal to the High Court of Australia. The matter was sub...

Published by Andrew Lacey
15 August, 2016
Litigation and Dispute Resolution

Is your off-the-plan instalment contract binding?

Recently, Land and Property Information (LPI) listed the Land Sales Act 1964 (the Act) on its agenda for repeal, claiming that instalment contracts are so rarely used that the Act represents a regulatory bur...

Published by McCabes News
8 June, 2016
Litigation and Dispute Resolution

Excluding family members from your will? Be careful

Earlier this month, the High Court, in its judgement in Badenach v Calvert [2016] HCA 18, clarified the scope of duty of care which a solicitor owes towards an intended beneficiary of his client’s will.   Facts

Published by Terry McCabe
31 May, 2016
Litigation and Dispute Resolution

McCabes hosts seminar on biodiversity law reform

Sydney, 30 May 2016: McCabes hosted a lunchtime seminar today with its pro bono partner, the NSW Environmental Defenders Office (EDO), in respect of the NSW Government’s proposed biodiversity legislative and policy package. This leg...

Published by McCabes News
30 May, 2016
Litigation and Dispute Resolution

NSW Court of Appeal reins in bank’s power to instantly dismiss employee

A recent New South Wales Court of Appeal decision highlights the importance of the wording of an employer’s contractual power to summarily dismiss an employee, and of the employer following a rational decision-making process in exercising such a powe...

Published by Andrew Lacey
29 May, 2016
Litigation and Dispute Resolution

Changes to NSW strata laws – McCabes’ top 10 tips

By 2020, it is estimated that over half the population of NSW will either live or work in strata buildings.  In consideration of this trend, the NSW government has introduced extensive (more than 90) reforms to the current strata laws.  The new legis...

Published by McCabes News
24 May, 2016
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