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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
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
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