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Results: 1-10 of 22

Estoppel: will equity help those with unclean hands?

  • Clayton Utz
  • -
  • Australia
  • -
  • February 5 2015

Business prudence ordinarily requires that commercial leases be formalised, the terms clearly outlined and agreed between the parties, and any

New High Court case re fraud exception to indefeasibility of title

  • Gadens Lawyers
  • -
  • Australia
  • -
  • February 4 2015

You may be interested to know that the High Court today handed down a decision concerning the fraud exception to indefeasibility of title and in

Payment of money in anticipation of contract ? Make your intentions clear!

  • HopgoodGanim
  • -
  • Australia
  • -
  • January 20 2015

Last year, the NSW Court of Appeal provided a useful reminder of the need to ensure that parties agree, in advance, about what happens to money paid

Commercial litigation: 10 significant developments in Australia in 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • December 19 2014

As we approach the end of 2014, it is timely to reflect on events during the year. While there were many important developments, here are our

An entitlement to rely on the statutory due execution assumptions does not confer proprietary rights good against third parties: Esperance Cattle Company Pty Ltd v Granite Hill Pty Ltd 2014 WASC 279

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

A sublessee was entitled to rely on the assumption of due execution under section 129(5) of the Corporations Act 2001 (Cth) in respect of a sublease

General counsel update September 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, China, European Union, Hong Kong, Russia, United Kingdom, USA
  • -
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration

A summary of major developments in key areas - general counsel update - July 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, Hong Kong, United Kingdom
  • -
  • July 15 2014

Legislation, in the form of a Regulation and Directive, has been published in the Official Journal of the European Union which will substantially

Guarantors as ‘privies’ of a principal debtor can they be bound by a decision of a Court in circumstances where they are not a party to litigation?

  • The Commercial Bar Association of Victoria
  • -
  • Australia
  • -
  • May 28 2014

Guarantors commonly have some association or relationship with a principal debtor. If proceedings are taken against a principal debtor, but not a

A summary of major developments in key areas - General Counsel update - May 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, Germany, United Kingdom
  • -
  • May 23 2014

Scottish independence referendum - The referendum will take place on 18 September 2014. Scottish independence raises many complex legal and political

Real estate advertisements a focus on price, location and title

  • Cordato Partners
  • -
  • Australia
  • -
  • April 29 2014

Real estate does not sell itself. Properties are advertised for sale on websites, on signs, in newspapers and in brochures to attract potential