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High Court reconfirms object commercial purpose test for construction of contracts
  • Herbert Smith Freehills LLP
  • Australia
  • August 22 2017

This is a summary of a High Court decision made in the case of Ecosse Property Holdings Pty Ltd v Dee Gee Nominees Pty Ltd 2017 HCA 12 in dispute

Doing business in Australia
  • Gilbert + Tobin
  • Australia, Global
  • May 9 2017

Australia (also known as the Commonwealth of Australia) is a federation formed in 1901 with six states (New South Wales, Victoria, Queensland, South

Another reminder of the importance of registering security interests: nft specialized in tower cranes LLC -v- machforce pty ltd (in liq) 2017 WASC 95
  • Gilbert + Tobin
  • Australia
  • May 3 2017

The Western Australian Supreme Court has further reinforced the importance of registering security interests under the Personal Property Securities

PPSA update: appeal dismissed in Forge Group case - lessors (and buyers) beware
  • McCullough Robertson
  • Australia
  • February 10 2017

The Forge decision confirms that the PPSA applies to the lease of equipment and demonstrates the critical need for lessors of equipment to consider

Is it fair for a vendor to rescind a non-compliant property option and keep the payments received?
  • Cordato Partners
  • Australia
  • January 9 2017

In an interesting judgment, Emmett AJA has found that a vendor is entitled to rescind and to keep the payments received under two residential

Australia Law Year in Review 2016 and Year to Come 2017
  • Linklaters LLP
  • Australia
  • January 5 2017

From 1 January, a new MAAL (broadly based on the first limb of the United Kingdom's Diverted Profits Tax) applies to 'significant global entities' to

Commercial litigation: 10 significant developments in Australia in 2016
  • Herbert Smith Freehills LLP
  • Australia
  • December 14 2016

As 2016 winds down and we look towards the New Year, we have reflected on the key takeaways of ten significant commercial litigation developments

Retail Shops Leases - Compensation for Lessees
  • Stephens & Tozer Solicitors
  • Australia
  • December 5 2016

If you are the owner of a small business and your lease is subject to the Act, it is important to know that you are entitled to compensation if the

Registrar v Monaghan - Key messages for your corporation
  • Jackson McDonald
  • Australia
  • November 4 2016

On 20 September 2016, the Federal Court of Australia handed down its judgment in the case of Registrar of Aboriginal and Torres Strait Islander

Freedom of Contract Trumps Equity: Contractual Terms Excluding Set-offs and Encompassing Risk Allocation Given Broad Meaning
  • Squire Patton Boggs
  • Australia
  • October 31 2016

Ozton Pty Ltd v Cromwell Seven Hills Pty Ltd as trustee for the Cromwell Northpoint Trust demonstrates the Court's reluctance to interfere with