McCabe Curwood

Follow

Once a mortgage, always a mortgage: Why lenders can’t have their cake and eat it too

August 15 2018 For every lender, the primary objective is to recover all outstanding amounts owing to them by the borrower. To secure the full repayment of the debt…

The concept of reasonable time in contract law: the Court of Appeal resets the clock in Donau v ASC

July 30 2019 It is trite to say that a contract sets out various rights and obligations that the parties to it have. Generally, contracts will specify when these…

Can a contract impacted by COVID-19 be lawfully terminated?

March 19 2020 The impact of restrictions put in place to combat COVID-19 has the potential to cause substantial financial losses from unfulfilled contracts. As such…

Who owns my social media content?

May 16 2017 In 2017, an estimated 2.5 billion people will use social media, uploading roughly 300 million photos per day to Facebook alone. The volume of user…

COVID-19: New regulations allow legal documents to be signed and witnessed electronically

April 22 2020 The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) (The Regulations) came into effect on 22 April 2020…

End of the road for the credit hire vehicle debate, as the High Court grants special level to consider the principle of 'like for like'

March 29 2021 Since the decision of the NSW Court of Appeal in the credit hire cases, practitioners and professionals working in the area have debated whether the…

Mistaken identity or fraud? Bankruptcy and the use of an alias

March 15 2021 A typical scenario is when a debtor gives a Nick name, or a false name, to a creditor during the course of a particular transaction. This can result…

ASIC obtains declaration that an insurer breached its duty of utmost good faith to an insured

March 9 2021 The Federal Court of Australia has recently held that an insurer breached its duty of utmost good faith to an insured by avoiding a policy without…

Design and Building Practitioners Act 2020 - implications for insurers

July 13 2020 As a result of a number of catastrophic failures of newly constructed residential developments in short succession, the NSW government has now…

ACCC takes aim at Google's proposed acquisition of Fitbit

July 9 2020 On 1 November 2019, Fitbit Inc (Fitbit) announced it had entered into an agreement for it to be acquired by Google LLC (Google) for US$2.1 billion.