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Litigation and Dispute Resolution

Agent’s commission – could a purchaser’s inspection of a property with an agent entitle that agent to the commission?

Often agents claim commission payable to that agent merely as a result of an enquiry that may have been made by a purchaser or a purchaser having inspected the property whilst the property was listed with that agent. But is that enough to entitle the...

Published by McCabes News
14 May, 2020
Commercial

Federal Government announces amendments to the Private Ancillary Fund guidelines

In a bid to incentivise philanthropy during these tough times, the Federal Government is providing credits for Private Ancillary Funds that exceed their minimum yearly distributions (see the announcement here). Private Ancillary Funds (PAFs) are requ...

Published by Terry McCabe
13 May, 2020
Corporate

Can my staff refuse to return to work after COVID-19?

As Australia commences its return to normality, the internet has been abuzz with questions about the return of employees to their workplaces. When will it happen? How will it happen? And, increasingly, can staff refuse to return?   As we trans...

Published by McCabes News
11 May, 2020
Corporate

The ACCC gives the green light to tenants to collectively bargain with landlords

Recently, Australia's key competition and consumer regulator, the Australian Competition and Consumer Commission (the ACCC), granted interim authorisation to tenant retailers to collectively bargain with landlords for rent relief ami...

Published by Chiara Rawlins
11 May, 2020
Commercial

Exposure draft legislation on the COVIDSafe app published

On 25 April 2020, the Minister for Health issued a determination under the Biosecurity Act to allow for the launch of the Federal Government’s COVIDSafe app (the Determination), to enable State and Territory health authorities to conduct “...

Published by Foez Dewan
10 May, 2020
Corporate

Signing documents on behalf of your company during COVID-19

Directors and secretaries can now validly execute documents on behalf of their companies by signing those documents using an electronic signature. For documents that require the signatures of two company officers, those documents can now also be sign...

Published by Terry McCabe
7 May, 2020
Corporate

Relief for residential tenants: Understanding the new Residential Tenancies Amendment (COVID-19) Regulations

The NSW State Government has recently passed new regulations affecting residential tenancies. The Residential Tenancies Amendment (COVID-19) Regulation 2020 imposes restrictions on landlords' rights to evict tenants who are unable to pay ren...

Published by Foez Dewan
7 May, 2020
Litigation and Dispute Resolution

The divergent approach of contract interpretation in Australia: Victorian Supreme Court weighs in on an ambiguous question

An ongoing area of debate in contract law has been the examination of what the "true rule" is arising out of the High Court's decision in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337. That is, whe...

Published by Andrew Lacey
6 May, 2020
Insurance

A not so luxury cruise: when do distress and disappointment constitute personal injury?

On 24 April 2020 the High Court handed down a decision addressing whether a claim for “disappointment and distress” arising from a breach of statutory guarantees in supplying services is a claim for personal injury damages. The decision a...

Published by Richard Johnson
30 April, 2020
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