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From time to time, parties to proceedings may be tempted to try and use documents produced in court proceedings for something beyond the scope of the proceedings itself. Sometimes the attempted use may be innocent, but more often it will not. A commo...
Most people are familiar with the distinction between a chattel and a fixture when it comes to land. Generally speaking, unless there is anything contrary in the document itself, a contract for the sale of land, or a mortgage, will extend to apply to...
As international trade becomes more common, so do international legal disputes. Where proceedings are commenced against you or your company in a foreign court, but you do not have a physical presence in that country, an important question arises – ca...
It is unusual for a decision of the Local Court of NSW to garner significant public attention, and even more unusual for any Local Court to have to consider a historically unsettled area of law. But the recently published judgment in Toh v Su
The recent Supreme Court of Queensland case of Nichol v Nichol [2017] QSC 220 reveals a rather tragic story. It also serves as useful example of the relating to informal wills. The deceased, Mark Nichol, was married three times. He became e...
Introduced in November 2016, new provisions of the Australian Consumer Law prohibit businesses from inserting unfair terms into their standard-form contracts with small businesses. Until now, the new regime hasn’t been put to the test, but this mont...
It goes without saying that entrepreneurs want to grow their business as quickly and effectively as possible. However, many people fail to realise the integral role that intellectual property plays in the formation, expansion and protection of their ...
We are now past the second tranche of changes under the Insolvency Law Reform Act 2016 (Cth), comprised most importantly of Part 3 of the Insolvency Practice Schedule (IPS) (containing the General Rules relating to external ...
Division 65 and the New Strict Liability Regime With the first tranche of changes under the Insolvency Law Reform Act 2016 (Cth) (ILRA) now some 6 months behind us you could forgive the industry for...