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Recent decisions indicate that a party to a contract can pre-authorise novation of that contract. Pre-authorised novation can be useful for a business that may have a future need to transfer customer contracts to a third party (e.g. on the sale of it...
The Order On 26 August 2015, the Road Safety Remuneration Tribunal (the Tribunal) issued the draft Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (the Draft RSRO) The Draft RSRO prop...
It is not uncommon for companies served with wind up proceedings to appoint external administrators for the purposes of investigating the affairs of the company and so that recommendations can be made to creditors to either have the company wound up,...
In so far as they relates to creditor's statutory demands, the provisions of the Corporations Act 2001 (Cth) are construed by the courts particularly prescriptively. On 5 June 2015, His Honour Justice Brereton de...
The recent Court of Appeal decision in Burke v Burke provides further commentary and clarification in relation to how estrangement will affect the Court's determination of family provision proceedings brought by adult children of deceased pe...
Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...
Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...
In the case of Perilya Limited v Nash [2015] NSWSC 706, Perilya Limited (Perilya), the holding company of Perilya Broken Hill Limited (PBHL) was ordered to pay $40,000 for two offences of not comply...
The North West Rail Link project has resulted in a large number of compulsory acquisitions raising a number of interesting principles and competing interests under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) (Just Terms Act