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Terminating Commercial Contracts – A Quick Refresher

Done properly, the act of terminating a commercial contract can be an efficient self-help remedy. It can allow a business to change course, stem losses and move on.    Done improperly or without justification, the act of terminating (or purporting to terminate) a commercial contract can make a problem worse. Potentially much worse.     
Blog

BEWARE: Broader application and increased penalties, do your contracts comply? – Amendments to the Unfair Contracts Terms Regime

There is now less than 5 months until the amendments to the Unfair Contracts Terms (UCT) regime under the Australian Consumer Law (ACL) come into force. On 9 November 2023, the new UCT regime will apply to a significantly broader range of contracts than ever before. Businesses should beware, even if the current regime does not apply, the new UCT may apply. Australian businesses should review and update their standard form contracts to ensure they comply with the new UCT regime to avoid the new significant penalties which can include a substantial pecuniary (monetary) penalty.
Blog

Un-happy Holidays Part 3 & 4

Ever wondered how a Supreme Court Justice might describe you or your evidence?  
Blog

Un-happy Holidays Part 1 & 2

Are you inspired by the spirit of giving this festive season? There are number of ways charitable bequests might be impacted by a contested estate dispute, but there are also steps that can be taken to bolster the chances of a gift succeeding.
Blog

How to protect yourself against Construction Company insolvencies.

Entering into a contract to build a new home for a fixed price would seem, at least on the surface, to be the easiest and most stress-free way to get yourself a brand-new home...  
  • 10 Mar 2022

Blog

Recent developments to mandatory examinations: Things you should know.

Under section 596A of the Corporations Act 2001 (Cth), an eligible applicant can apply to the Court and the Court can, in turn, summon an officer of a company under external administration for examination about the company’s affairs.
  • 9 Mar 2022

Blog

Company fails to set aside creditor’s statutory demand for payment of debt when application filed late

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
  • 7 Sep 2021

Blog

Did you really pay? Who is liable for payment in an invoice redirection scam?

According to the ACCC, Australian businesses lost over $132 million to business email compromise scams in 2019. One example is the invoice redirection scam, which can involve a fraudster hacking into the system of the supplier or intercepting emails and sending altered invoices to customers with different banking details. Payments made to these accounts are likely never recoverable. With work becoming increasingly digital, it is imperative for businesses to protect themselves and their customers from such scams.
  • 12 Aug 2021

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‘When was the payment claim served?’ - An expensive lesson in properly serving documents

The Building and Construction Industry Security of Payments Act1999 (The Act) is a relatively short Act that has created more than its fair share of litigation since its introduction.
  • 22 Jul 2021

Blog

Company fails to avoid liquidation by appointing last minute administrators

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
  • 16 Jun 2021

Blog

Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Since the introduction of the proportionate liability regime in the Civil Liability Act 2002 (NSW) over 15 years ago, there has been a series of cases which have contributed to how the regime operates, including in the High Court of Australia decision of Hunt & Hunt Lawyers v Mitchell Nominees[2013] HCA 10.
  • 6 Apr 2021

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NCAT has jurisdiction to deal with disputes where a party temporarily moves outside of New South Wales

The appellant, Ms Anagnostou and the respondent, Ms Leo were parties to a residential tenancy agreement under the Residential Tenancies Act 2010 (NSW) (‘Agreement’).
Blog

Compliance is essential for winding up applications during COVID

Late in 2020, In the matter of Ryals Hotels Pty Ltd [2020] NSWSC 1906, the Supreme Court of New South Wales was required to examine various restrictions brought into support businesses through the COVID period and what impact they had on an application by a landlord to wind up a commercial tenant.
  • 22 Feb 2021

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Landlord’s attempt to avoid COVID restrictions for commercial tenant a costly exercise

During 2020, as part of the National Cabinet’s response to COVID-19, a number of measures were put in place to assist businesses to continue to trade including:
  • 1 Feb 2021

Blog

NSW Court of Appeal considers evidence of value for Quantum Meruit claims

On 2 December 2020, the Supreme Court of NSW – Court of Appeal, delivered judgment in the matter of Roude v Helwani [2020] NSWCA 310 and, in a decision that is important to the ability of builders and contractors to pursue claims over amounts in smaller jurisdictions, the Court of Appeal has confirmed that it is not necessary to incur the costs of obtaining an expensive independent expert report in order to succeed in a claim in quantum meruit.
  • 8 Dec 2020

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