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Litigation and Dispute Resolution

Frustrating event? Hotel property and business assets fall $1 million in value due to COVID-19 pandemic

The case of Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504 concerned a contract for the sale of a freehold hotel property in Pyrmont, Sydney (Quarrymans Hotel) together with associated hotel licence and business. On 3...

Published by Chiara Rawlins
8 June, 2021
Litigation and Dispute Resolution

Soon to arrive: ACCC’s collective bargaining class exemptions for small businesses

The Australian Competition and Consumer Commission (ACCC) will soon roll out the new class exemption that will be available to small businesses, franchisees and fuel retailers. This will allow those businesses to collectively negotia...

Published by Chiara Rawlins
19 May, 2021
Litigation and Dispute Resolution

Special disadvantage no longer required: Federal Court makes quantum step in extending reach of statutory unconscionable conduct

In the recent decision of Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd [2021] FCAFC 40 the Full Federal Court has clarified that vulnerability is not essential to establishing a claim of statutory unconscion...

Published by Chiara Rawlins
6 May, 2021
Government and Administrative Law

Time is of the essence: Creditor’s Statutory Demands

A recent decision of the Supreme Court of NSW (In the matter of Wetherill Park Holdings Pty Ltd [2021] NSWSC 282), handed down on 25 March 2021, serves as an important reminder of the importance of acting quickly when served with a Creditor'...

Published by Andrew Lacey
4 May, 2021
Litigation and Dispute Resolution

Expansion of the Unfair Contract Terms Regime: how does this effect you?

As the April long weekend drew to a close, the latest amendments to the Unfair Contract Term Regime came into effect. The amendments see the Regime's reach extend to include certain insurance contracts covered by the Insurance Contracts Act 1984

Published by Chiara Rawlins
22 April, 2021
Litigation and Dispute Resolution

Friend or foe – common interest privilege between joint plaintiffs and joint defendants

Legal professional privilege (LPP) protects communications between a lawyer and a client if it was made for the dominant purpose of seeking or providing legal advice, or for use in anticipated legal proceedings.  When successfully cl...

Published by Andrew Lacey
11 March, 2021
Litigation and Dispute Resolution

New director resignation laws now in effect

As explored in our previous article here, in February 2020, the Treasury Laws Amendment (Combating Illegal Pho...

Published by Andrew Lacey
9 March, 2021
Litigation and Dispute Resolution

In-N-Out of court: Trade mark wars

In the final days of 2020, global burger chain In-N-Out Burger had plenty to celebrate. After years of litigation and success earlier that same year in the Federal Court, In-N-Out Burger was again victorious before the Full Federal Court of Australia...

Published by Chiara Rawlins
8 March, 2021
Litigation and Dispute Resolution

Taken to court: ACCC commences proceedings against Fuji Xerox for alleged breaches of the Australian Consumer Law

In the last quarter of 2020, the ACCC commenced proceedings against Fuji Xerox Australia Pty Ltd and a related entity (together "Fuji") for the alleged use of unfair contract terms in their standard form contracts since October 2018....

Published by Chiara Rawlins
10 February, 2021
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