Taxation Update - Certainty in muddied waters
Commercial LawRecent cases clarify some of the principles litigation lawyers should be aware of when dealing with claims for damages that involve possible tax consequences for the plaintiff
Employment Law Update - Adverse Action and Ignorance of the Law: Qube Ports v McMaster
Employment & IndustrialA decision maker dismisses an employee for what they thought were lawful reasons. What if they were mistaken?
Commercial Law Update - Statements made during negotiations: rectification or estoppel where the written agreement differs from the terms of an antecedent bargain?
Commercial LawThe New South Wales Court of Appeal has confirmed that rectification of a contract is generally only available to redress a common mistake
Property Law Update - Case database relevant to restrictive covenant advice and litigation
Property LawThe following cases are for use in litigation and advice work. Some of these are available on Austlii, others are not
Property Law Update - Supreme Court issues “Guide to Practitioners” appearing in covenant cases
Property LawThe Supreme Court has prepared a Guide to Practitioners for lawyers preparing appearing in applications to modify or discharge a restrictive covenant
Property Law Update - Brick no longer means ‘double-brick’ in building materials covenants
Public LawIn Clare & Ors v Bedelis AsJ Derham found that a house built using a wooden sub-frame, did not breach a building materials covenant
Intellectual Property Update - Hells Angels ordered to give security for costs
Intellectual PropertyHells Angels Motorcycle Corporation is the exclusive licensee in this country of trade mark registrations ©rights owned byHells Angels Motorcycle Corporation of the US
Insolvency Law Update - A refresher - Liquidators’ section 483(1) applications
Commercial LawSection 483(1) of the Corporations Act 2001 (Cth) is concerned with the “delivery of property to the liquidator”
Commercial Law Update - Barnes v Addy claims and indefeasibility of title
Commercial LawThe Victorian Supreme Court confirms that a claim under Barnes v Addy is not a personal equity which defeats the indefeasibility provisions of the Transfer of Land Act 1958 (Vic)