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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
The High Court has recently clarified what is required for the creation of an express trust (Korda & Ors v Australian Executor Trustees (SA) Ltd [2015] HCA 6 (Korda)). To be effective, express trusts must satisfy the th...
If someone records a telephone conversation without the express or implied consent of the parties to that conversation, it is highly likely that, by doing so, that person has committed an offence. Two legislative instruments regulate the recording o...
Readers would recall the Today FM controversy in which two radio presenters phoned the London hospital at which the Duchess of Cambridge was due to give birth, impersonating Queen Elizabeth II and Prince Charles, and enquired about...
Are parties who agree to arbitration clauses ultimately relinquishing their right to resolve disputes pursuant to the jurisdiction of the court? Contracting parties are increasingly including 'arbitration clauses' in contracts. These clauses allow p...
In an ideal world persons would protect themselves by not investing time and/or money in a project without a contract having been drawn up and executed. However the reality is that persons do often invest time and/or money without a contract, particu...
The Federal Court Rules 2011 allow an offeree to apply to the Court for an order giving effect to an accepted offer to compromise in the event an offeror fails to comply with the terms of that offer (rule 25.10(a)). Non-compliance with an a...