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property

Set it straight before you negotiate

The decision of Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 has decided that email correspondence between the parties were sufficient to form a binding contract for sale, notwithstanding that the terms were "su...

Published by McCabes News
18 June, 2015
Employment

National Minimum Wage Increase of 2.5%

The 1.86 million Australians being paid the National Minimum Wage (NMW) will see an increase of $16 per week or 2.5% in wages due to the Fair Work Commission (FWC) releasing their annual wage review decision on 2 Jun...

Published by McCabes News
15 June, 2015
Commercial

A ‘fair go’ for small business?

In recent months, the Commonwealth Government followed up its election promise to give small business a ‘fair go’ by releasing exposure draft legislation which confirms that consumer protections relating to unfair contract terms will be e...

Published by McCabes News
11 June, 2015
Insolvency

Agreements to negotiate genuinely in good faith…are they binding?

McCabes acted for the defendants in Caves Beachside Cuisine Pty Ltd v Boydah Pty Ltd & 3 Others, an interesting matter which was recently heard before his Honour Justice Kunc in the Supreme Court of New South Wales (Commercial List). The...

Published by Andrew Lacey
9 June, 2015
Litigation and Dispute Resolution

Family trust feud: Gina Rinehart case and its implications

The legal feud involving Australia's richest person, Gina Rinehart and her children has come to an end, at least for now. Yesterday Justice Brereton of the Supreme Court of NSW delivered his long anticipated judgment in Hancock v Rinehart [2015] NSWS...

Published by Andrew Lacey
29 May, 2015
Litigation and Dispute Resolution

Key remedial provision of the Corporations Act 2001: Section 1332

The longest-serving current High Court judge, Hayne J once observed, "1322 applications and predecessors were common and garden in every corporation's list around this country", yet there are only a very few reported cases on section 1322 of...

Published by Andrew Lacey
28 May, 2015
Insolvency

Recent developments that tighten the noose around copyright infringers

The rapid pace of technological advancements versus the significantly slower rate of copyright law reform, coupled with the savviness of today's Internet user, have resulted in copyright infringements such as illegal movie downloads going largely unc...

Published by Andrew Lacey
20 May, 2015
Employment

More ICAC Conundrums

The decision of the High Court in the recent ICAC v Cunneen appeal has raised all sorts of intriguing legislative, political, policy and Constitutional issues including: What is corruption? What is t...

Published by McCabes News
18 May, 2015
property

When Is A Real Estate Agent Really Entitled To Commission?

It is not uncommon for an agent to attempt to claim commission from a vendor for having introduced the purchaser to the property even though the purchaser had ultimately signed a contract through a different agent after the initial agent's exclusive ...

Published by McCabes News
14 May, 2015
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