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