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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
Commercial

COVID-19: Financial Advisers and Accountants can now witness NSW statutory declarations

As reported in our earlier article, the NSW Government recently made new regulations in response to the COVID-19 pandemic to make it easier for documents to be witnessed and attested. As discussed in that article, the witnessing and attestation of do...

Published by Terry McCabe
28 April, 2020
Corporate

Highly anticipated Retail and Other Commercial Leases (COVID-19) Regulation 2020 released

On 24 April 2020 the NSW Government passed the Retail and Other Commercial Leases (COVID-19) Regulation 2020 which gave effect to the Commercial Tenancies Mandatory Code of Conduct that was released in early April.   Eligib...

Published by McCabes News
28 April, 2020
Corporate

Relief for landlords: Land Tax Relief Package to help landlords come to the table

In conjunction with the recently enacted Retail and Other Commercial Leases (COVID-19) Regulation 2020 (the Regulations), the NSW State Government has now implemented their $440 million land tax relief package to assist comm...

Published by Foez Dewan
28 April, 2020
Corporate Advisory

Supercharging your priorities – How to protect your security interests under the Purchase Money Security Interest regime

In the current climate, it is more important than ever to ensure that you take all the steps you can to protect your business assets.   Your business may have the benefit of a security interest in its goods if it is engaged in hire purchase ar...

Published by Chiara Rawlins
27 April, 2020
Commercial

To e-sign or not to e-sign? An update on e-signature requirements on documents in the wake of COVID-19

Electronic signatures (or e-signatures) are increasingly being adopted in commercial practice due to the ease and efficiency for individuals and businesses to engage in transactions. However, the law is not always clear on whether e-signatures can be...

Published by Chiara Rawlins
27 April, 2020
Corporate Advisory

ACCC’s COVID-19 Taskforce – Seller beware

In an effort to stem the spread of COVID-19, the Australian and state governments have implemented a number of restrictions on the operations of Australian businesses. In these challenging times, it is important for both businesses and individuals to...

Published by Chiara Rawlins
26 April, 2020
Commercial

Electronic witnessing of legal documents amid COVID-19

This week the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) (the Regulation) became law under the Electronic Transactions Act 2000 (NSW) (the ETA). The Regulation allows for, among other measures, the elec...

Published by Foez Dewan
23 April, 2020
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