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Legal perspectives from our expert lawyers
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Section 440D imposes a stay on “proceedings in a court” against a company whilst it is in administration under Part 5.3A of the Corporations Act. It is well established that the term “proceedings in a court” does not include an arbitration proceeding...
On 11 December 2015, special leave to appeal to the High Court of Australia was granted in the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor. This case will provide the High Court with the opportunity to reco...
The Australian ‘farm debt’, currently standing at $67 billion, has more than doubled over the past decade according to the Reserve Bank of Australia. Given that approximately 94% of this debt is owed to Australian banks, and in light of the fact that...
In 2012, the State Government introduced new laws as part of its home pool safety measures that will require vendors (and landlords) to include a certificate of compliance or occupation certificate for any contracts for sale of land (or residential t...
On the afternoon of 21 May 2012 there was an altercation between Mr Sahade and Mr Smith (the appellants) and Mr Bischoff (the first respondent) at a property where Mr Sahade, Mr Bischoff and Mrs Bischoff (the second respondent) occupied separate resi...
After several months of negotiating a settlement agreement, and only a couple of days before Christmas, a lawyer sends an email to the lawyer on the other side of the settlement stating that his client “will sign”. The settlement agreement i...
The High Court’s decision in Woodside Energy Ltd v Electricity Generation Corporation [2014] HCA 7 (Woodside) was significant for the interpretation of reasonable endeavours clauses in comm...
The recent judgment of the Supreme Court of Western Australia (Tottle J) in Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 8] [2015] WASC 473, which was delivered on 7 December 2015, has gained media attention due to the plaintiff company’s asso...
This article is reproduced edited version of the same article that appeared in the Law Society Journal December 2015 edition. Introduction Under Sections 18C and 18D of the Home Building Act 1989 (NSW) (Act), a person who is the imm...