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계약 위반(non-compliance)에 따른 손해배상금 산정에 대한 최근 판례
  • Herbert Smith Freehills LLP
  • Australia, South Korea
  • April 23 2015

공사 결함에 따른 계약 위반의 일차적인 구제는 건물을 철거한 후 다시 짓는 것입니다. 그러나 Bellgrove v Eldridge 에서 Dixon CJ는 ‘시정 작업들이 계약에 부합하는 결과를 만들어 내기 위하여 반드시 필요해야 할 뿐만 아니라, 합리적이어야


RK property insights March 2015
  • Russell Kennedy
  • Australia
  • March 20 2015

The Government is seeking views on proposed reforms to strengthen Australia's foreign investment framework, particularly around residential real


Stamp duty - dutiable value and consideration
  • Piper Alderman
  • Australia
  • March 6 2015

Although there are differences in the stamp duty legislation of the States and Territories, in general terms duty is calculated on the dutiable value


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
  • Russia, United Kingdom, USA, Australia, China, European Union, Hong Kong
  • 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