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Results: 1-10 of 155

When is a document executed as a deed in fact an agreement?

  • Clayton Utz
  • -
  • Australia
  • -
  • June 16 2010

When is a document that states that it is "executed as a deed" not, in fact, a deed?

High Court sets out duty of care for builders of commercial property

  • Clayton Utz
  • -
  • Australia
  • -
  • October 30 2014

In a unanimous decision, the High Court has overturned a decision of the New South Wales Court of Appeal which had held that a builder owed and

Evicting a tenant in breach of the lease: what's "reasonable time" to serve the termination notice?

  • Clayton Utz
  • -
  • Australia
  • -
  • June 6 2013

Landlords who want to re-enter the premises and terminate a lease for a breach of covenant for a non-rent breach generally must serve a breach notice

Project proponents face more native title uncertainty

  • Clayton Utz
  • -
  • Australia
  • -
  • February 2 2012

Justice Reeves' decision would appear to present a major problem for project proponents seeking native title certainty for their projects in areas with no registered native title claim

Changes to WA's Aboriginal Heritage laws open for comment

  • Clayton Utz
  • -
  • Australia
  • -
  • June 16 2014

The WA State Government is seeking comment on a draft Aboriginal Heritage Amendment Bill2014. According to the Minister of Aboriginal Affairs, the

Extended limitation period for breach of contract claims for defective building work in Victoria

  • Clayton Utz
  • -
  • Australia
  • -
  • September 18 2014

Victorian owners now have 10 years from the issue of the occupancy permit in which to bring a claim in contract or tort for defective building work

High Court to reconsider consideration and stamp duty in Lend Lease case

  • Clayton Utz
  • -
  • Australia
  • -
  • November 7 2014

What constitutes the "consideration for" a transfer of "dutiable property" under stamp duties legislation? The High Court is set to consider this

WA land-owners might soon have clearer idea of their responsibilities for contaminated land

  • Clayton Utz
  • -
  • Australia
  • -
  • June 7 2012

The WA Supreme Court will consider the threshold question of whether a "person caused or contributed to, that contamination by an act that was done without lawful authority"

New Victorian landholder duty model results in broadening of Victoria's tax base - part 1

  • Clayton Utz
  • -
  • Australia
  • -
  • July 19 2012

The move from a land rich model to a landholder model has broadened the duty base in Victoria with no corresponding trade-off

Consumer guarantees for the supply of goods: the manufacturer's or supplier's problem?

  • Clayton Utz
  • -
  • Australia
  • -
  • October 25 2012

How responsibility for the breach of a consumer guarantee is allocated between a supplier and a manufacturer depends on the consumer guarantee which is breached