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Legal perspectives from our expert lawyers
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Readers would recall the Today FM controversy in which two radio presenters phoned the London hospital at which the Duchess of Cambridge was due to give birth, impersonating Queen Elizabeth II and Prince Charles, and enquired about...
Ability to seek an extension of time Section 588FF(3) of the Corporations Act 2001 (the Act) provides liquidators with a mechanism by which to obtain an extension of time within which proceedings against the recipients of vo...
Since 2013 the State Government has been trying to introduce new laws that will require vendors (and landlords) to include a certificate of compliance or occupation certificate for any contracts for sale of land (or residential tenancy agreements) on...
Are parties who agree to arbitration clauses ultimately relinquishing their right to resolve disputes pursuant to the jurisdiction of the court? Contracting parties are increasingly including 'arbitration clauses' in contracts. These clauses allow p...
In an ideal world persons would protect themselves by not investing time and/or money in a project without a contract having been drawn up and executed. However the reality is that persons do often invest time and/or money without a contract, particu...
The Federal Court Rules 2011 allow an offeree to apply to the Court for an order giving effect to an accepted offer to compromise in the event an offeror fails to comply with the terms of that offer (rule 25.10(a)). Non-compliance with an a...
The purpose of a trade mark is to distinguish a trader's goods and services from those of another. Generally, a mark is not capable of trade mark registration if it is descriptive of the goods and services in relation to which it is used or it is a m...
Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether s 5B of t...
Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...