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Litigation and Dispute Resolution

Power to the people: What the draft Biodiversity Conservation Bill 2016 means for developers and landowners

In 2014, NSW farmer Ian Turnbull shot and killed an Office of Environment and Heritage compliance officer over a land clearing dispute. This tragedy represents a culmination of building tensions between the NSW Government and commercial landowners, w...

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

New protections for small businesses against unfair contract terms

In October last year, the Federal Government introduced a suite of reforms to the Australian Securities and Investment Commissions Act 2001 and Schedule 2 to the Competition and Consumer Act 2010 relating to the legality of ‘unfair ...

Published by Chiara Rawlins
13 April, 2016
Insolvency

ASIC Infringement Notices – you don’t have to contravene to contravene

In 2004, the commonwealth legislature introduced Part 9.4AA into the Corporations Act 2001 (Cth) (the Act).  This part empowers the Australian Securities and Investments Commission (ASIC) to...

Published by Andrew Lacey
7 April, 2016
Insolvency

An overarching principle of good faith in Australia: Have we reached Valhalla?

By its very nature, capitalism epitomises struggle.  Just as the God of Norse mythology, Odin, would reward a fallen warrior’s struggle with a seat in Valhalla, capitalism rewards those who are victorious in the struggle for wealth creation.  In the ...

Published by Andrew Lacey
4 April, 2016
Litigation and Dispute Resolution

Should I stay or should I go… to arbitration? Extending the reach of the moratorium on creditor’s claims against companies in administration

Section 440D imposes a stay on “proceedings in a court” against a company whilst it is in administration under Part 5.3A of the Corporations Act. It is well established that the term “proceedings in a court” does not include an arbitration proceeding...

Published by Andrew Lacey
30 March, 2016
Litigation and Dispute Resolution

High Court to consider enforceability of promise that lessee would be ‘looked after at renewal time’

On 11 December 2015, special leave to appeal to the High Court of Australia was granted in the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor. This case will provide the High Court with the opportunity to reco...

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

In Times of Debt: The Farm Debt Mediation Act 1994 (NSW)

The Australian ‘farm debt’, currently standing at $67 billion, has more than doubled over the past decade according to the Reserve Bank of Australia. Given that approximately 94% of this debt is owed to Australian banks, and in light of the fact that...

Published by Chiara Rawlins
24 March, 2016
Litigation and Dispute Resolution

When can a solicitor bind a client to a contract? – Universal Music v Pavlovic [2015] NSWCA 313

After several months of negotiating a settlement agreement, and only a couple of days before Christmas, a lawyer sends an email to the lawyer on the other side of the settlement stating that his client “will sign”. The settlement agreement i...

Published by Andrew Lacey
24 February, 2016
Litigation and Dispute Resolution

The Woodside Decision and Reasonable Endeavors Clauses

The High Court’s decision in Woodside Energy Ltd v Electricity Generation Corporation [2014] HCA 7 (Woodside) was significant for the interpretation of reasonable endeavours clauses in comm...

Published by Andrew Lacey
14 February, 2016
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