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Get your expert determination clause right or suffer the consequences!
  • Hall & Wilcox
  • Australia
  • April 26 2016

Leases and contracts commonly include clauses requiring a dispute to be determined by an expert. Matters for determination can include the rent

The importance of being “ready and willing”: a lesson to all vendors when seeking to terminate a contract
  • Hall & Wilcox
  • Australia
  • April 7 2016

A recent decision handed down in the Court of Appeal, Supreme Court of New South Wales, Barrack Corporations Pty Limited v Jaswil Properties Pty

A vendor must be ready, willing and able to settle, to be able to terminate a Contract for the Sale of Land
  • Cordato Partners
  • Australia
  • March 28 2016

A recent decision vividly illustrates that a vendor cannot rely upon the expiry of a Notice to Complete to terminate a Contract for the Sale of Land

Clarity at last: Liquidators and receivers not required to account to the ATO under s 254 without an assessment
  • King & Wood Mallesons
  • Australia
  • December 10 2015

Today, by a majority of 3-2, the High Court of Australia in Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) 2015 HCA 48

Property and Real Estate Gazette 1st Edition
  • Carter Newell
  • Australia
  • November 30 2015

In this case note, we consider the decision of Airstrike Industrial Pty Ltd v Robertson 2013 QCATA 043 by the Appeal Tribunal of the Queensland

Wayne Danckert v Ralph Erwin Tonkin 2015 NSWSC 1570
  • Minter Ellison
  • Australia
  • November 25 2015

Existence of a binding agreement - intention of parties to be bound Significance In Wayne Danckert v Ralph Erwin Tonkin 2015 NSWSC 1570 the court

NSW legislative changes affecting residential property developers
  • Maddocks
  • Australia
  • November 12 2015

On 10 November 2015 the Conveyancing Amendment (Sunset Clauses) Bill 2015 (The Bill) was introduced into NSW Parliament. The Bill proposes to amend

Intention to be bound to a contract must be determined objectively
  • Minter Ellison
  • Australia
  • November 11 2015

Simon Moses has concluded from his analysis of the following decision that the court reaffirmed in that case that, with respect to contract formation

Statutory ‘good faith’ obligations in light of Baldwin v Icon Energy Ltd 2015 QSC 12
  • Corrs Chambers Westgarth
  • Australia
  • August 25 2015

The recent decision of the Supreme Court of Queensland (SCQ) in Baldwin & Anor v Icon Energy Ltd & Anor 2015 QSC 12 (Baldwin) confirmed that

Court of Appeal further limits scope of apportionment: this time under the ACL
  • Jackson McDonald
  • Australia
  • July 2 2015

A unanimous Court of Appeal made the obiter dicta observation that the only cause of action that is apportionable under the Australian Consumer Law