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Commercial

Lender beware: third party guarantee held unconscionable to enforce

The recent decision by the Supreme Court of New South Wales in Alceon Group Pty Ltd v Rose [2015] NSWSC 868 is of particular relevance to lenders and solicitors advising guarantors in third party guarantee transactions. Christopher Rose was a directo...

Published by Terry McCabe
19 November, 2015
Commercial

Property Alert – Conveyancing Amendment (Sunset Clauses) Bill 2015 (NSW)

The NSW Government has previously announced a public consultation on the use of sunset clauses in off-the-plan contracts. Sunset clauses allow either the buyer or the developer to rescind a contract after a certain date, commonly referred to as the ...

Published by McCabes News
16 November, 2015
Insolvency

In time for Christmas – Court rules Chrisco’s lay-by agreements are unfair

The Federal Court has ruled in Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited [2015] FCA 1204 that Chrisco's lay-by contracts for its Christmas hampers contained terms that contravened the provisions of the Austral...

Published by Andrew Lacey
15 November, 2015
Litigation and Dispute Resolution

Receive and you shall receive, proportionally

The recent Full Court of the Federal Court of Australia decision of Templeton v Australian Securities and Investment Commission [2015] FCAFC 137 has considered the application of 'proportionality' in determining receivers' remuneration. It ...

Published by Andrew Lacey
3 November, 2015
Litigation and Dispute Resolution

High Court confirms that bankruptcy notices may be founded on costs judgments

Update on McCabes' article " 'Are we there yet' - When are proceedings over for the purposes of enforcement" The High Court of Australia has r...

Published by Andrew Lacey
12 October, 2015
Litigation and Dispute Resolution

Illegal contracts and other circumstances where the Building and Construction Industry Security of Payment Act 1999 (NSW) will be ineffective

The recent Queensland decision of Agripower Australia Ltd (Agripower) v Queensland Engineering & Electrical Power Ltd (QEEP) & Ors [2015] QSC 268 has highlighted that a contract between the parties t...

Published by Andrew Lacey
12 October, 2015
Insolvency

Australia’s High Court says NO to gene patents

Over the years, medical technologies have transformed many previously untreatable diseases. They are usually very expensive to develop but relatively cheap to reproduce. Without the protection conferred by a patent, it would not be economically viabl...

Published by Andrew Lacey
8 October, 2015
Employment

When the connection between a student and staff member is sufficient to establish vicarious liability on the part of the school

In the matter of Erlich v Leifer & Anor [2013] VSC 499, the Supreme Court of Victoria recently considered the issue of direct and vicarious liability of a school in circumstances where a student was sexually abused by the principal. &...

Published by Stuart Windybank
28 September, 2015
Commercial

Additional whole person impairment for treatment effects: not as easy as 1, 2, 3! – IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165

Author: Antonia Vo Judgement Date: 20th August, 2015 Citation: IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165 Jurisdiction: Supreme Court of New South Wales [1] In brief Medical Assessment Service (MAS) assessors retain the discretion ...

Published by McCabes News
27 September, 2015
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