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Legal perspectives from our expert lawyers
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The Perils of Ambiguity in Bankruptcy Notices The Bankruptcy Act ('the Act') is prescriptive as to the form and content of bankruptcy notices. Courts have often observed that close observance of the rules is necessary in light of the serious...
If someone records a telephone conversation without the express or implied consent of the parties to that conversation, it is highly likely that, by doing so, that person has committed an offence. Two legislative instruments regulate the recording o...
Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd [2015] FCA 113 In what has turned out to be another unsuccessful attempt by the ACCC to prosecute a misuse of market power case, the Federal Court of Australia, in Austral...
Readers would recall the Today FM controversy in which two radio presenters phoned the London hospital at which the Duchess of Cambridge was due to give birth, impersonating Queen Elizabeth II and Prince Charles, and enquired about...
Ability to seek an extension of time Section 588FF(3) of the Corporations Act 2001 (the Act) provides liquidators with a mechanism by which to obtain an extension of time within which proceedings against the recipients of vo...
Since 2013 the State Government has been trying to introduce new laws that will require vendors (and landlords) to include a certificate of compliance or occupation certificate for any contracts for sale of land (or residential tenancy agreements) on...
Are parties who agree to arbitration clauses ultimately relinquishing their right to resolve disputes pursuant to the jurisdiction of the court? Contracting parties are increasingly including 'arbitration clauses' in contracts. These clauses allow p...
In an ideal world persons would protect themselves by not investing time and/or money in a project without a contract having been drawn up and executed. However the reality is that persons do often invest time and/or money without a contract, particu...
The Federal Court Rules 2011 allow an offeree to apply to the Court for an order giving effect to an accepted offer to compromise in the event an offeror fails to comply with the terms of that offer (rule 25.10(a)). Non-compliance with an a...