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Litigation and Dispute Resolution

In Times of Debt: The Farm Debt Mediation Act 1994 (NSW)

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...

Published by Chiara Rawlins
24 March, 2016
property

Third Time’s a Charm for Swimming Pool Legislation

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...

Published by McCabes News
23 March, 2016
Employment

Sahade v Bischoff [2015] NSWCA 418

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...

Published by McCabes News
25 February, 2016
Litigation and Dispute Resolution

When can a solicitor bind a client to a contract? – Universal Music v Pavlovic [2015] NSWCA 313

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...

Published by Andrew Lacey
24 February, 2016
Litigation and Dispute Resolution

The Woodside Decision and Reasonable Endeavors Clauses

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...

Published by Andrew Lacey
14 February, 2016
Litigation and Dispute Resolution

Mandatory Injunctions – Clive Palmer’s cautionary tale

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...

Published by Andrew Lacey
9 February, 2016
property

Partition allows developer to escape liability for breach of the statutory warranties under the Home Building Act

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...

Published by McCabes News
14 December, 2015
Litigation and Dispute Resolution

Fool’s folly: A Kardashian expectation! – Jundi v Saco [2015] NSWSC 1835 – Jundi v Saco [2015] NSWSC 1835

Author: Catherine Osborne Judgement Date: 2nd December, 2015 Citation: Jundi v Saco [2015] NSWSC 1835 Jurisdicti...

Published by McCabes News
2 December, 2015
Insolvency

Avoiding a conflict of interest: what can directors do?

A recent Queensland Court of Appeal case reinforces the long-standing principle that directors must not let their private interests conflict with the fiduciary duties they owe to the company. As was expressed by Lord Cranworth in the seminal case of...

Published by Andrew Lacey
24 November, 2015
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