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Legal perspectives from our expert lawyers
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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...
Author: Catherine Osborne Judgement Date: 2nd December, 2015 Citation: Jundi v Saco [2015] NSWSC 1835 Jurisdicti...
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...
On 21 September 2015 the Supreme Court of NSW, in the matter of Allsvelte Pty Ltd v Cassegrain Wines Pty Limited [2015] NSWSC 1370, refused to allow a lessee to exercise an option to extend a retail lease due to the lessee's conduct and seve...