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Piper Alderman | Australia | 29 Oct 2020

Trumped - Promises Promises - Estoppel trumps Will

“To Trump” has many facets in this age. Who might have imagined that the march of estoppel can displace freedom of testamentary disposition. Estoppel…

Clayton Utz | Australia | 15 Oct 2020

Passing like ships in the night? Making sure your expert witnesses truly confer

There's a difficult balancing act between the benefits of a conferral process and the associated dangers, so you need strategic advice at an early…

Clayton Utz | Australia | 1 Oct 2020

Settlement agreement not voided by NSW SOP Act "no contracting out" provisions

The "no contracting out" provision in section 34 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (NSW SOP Act) is framed…

Clayton Utz | Australia | 1 Oct 2020

Existence of unsatisfied adjudication determination and judgment debt under NSW SOP Act does not bar party from commencing related civil proceedings

In Lindvest DM Pty Ltd v CPDM Pty Ltd [2020] NSWSC 1290, the Court held it was not an abuse of process for a developer to initiate proceedings under…

Clayton Utz | Australia | 8 Sep 2020

Court weighs in on COVID-19 leasing legislation: Landlords may need to prepare for the long haul

If New South Wales Landlords think allowances for Tenants as a result of COVID-19 will be winding up shortly, they may need to think again. A recent…

Clyde & Co LLP | Australia | 7 Sep 2020

BI test case referred direct to the NSW Court of Appeal

On Friday, the Supreme Court of New South Wales approved a joint leapfrog application in the combined ICA/AFCA BI Test Case. On Friday, the Supreme…

Clayton Utz | Australia | 3 Sep 2020

NSW: Successful adverse possession claim to "dunny lane"

The opening words of Justice Kunc in Hardy v Sidoti [2020] NSWSC 1057 say it all: "These proceedings concern two very Australian phenomena: the…

Holding Redlich | Australia | 2 Sep 2020

Transitioning from the COVID leasing protections - Sneakerboy reveals some issues

Sneakerboy (No 1) considered the COVID leasing laws. In its sequel - Sneakerboy (No 2), the NSW Supreme Court gives clues, and points to difficulties…

Cordato Partners | Australia | 23 Aug 2020

Two trade waste bins spark ongoing strata dispute

Waste disposal in mixed use strata schemes is a serious matter. Commercial tenants need a place for their garbage bins.…

King & Wood Mallesons | Australia | 21 Aug 2020

NSW Court considers COVID-19 impact on lease termination

The NSW Supreme Court has recently cast light on the approach to a tenant's application for relief against a forfeiture against the background of the…
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