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Legal perspectives from our expert lawyers
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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...
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...
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...
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. &...
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 ...
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...