Article5 top pitfalls and traps of construction disputesConstruction project parties often feel assured that the terms of their contract provides protection against conflict.AustraliaReal Estate and ConstructionRostron Carlyle Rojas
ArticleCasual employment definedEmployers should conduct an audit of casual contracts of employment to ensure that they comply with the new legislation.AustraliaEmployment and HRRostron Carlyle Rojas
ArticleIndependent contractor arrangements and why your contract terms are more important than everFor comprehensive written agreements, a narrow construction of its terms is to be undertaken without considering external factors.AustraliaEmployment and HRRostron Carlyle Rojas
ArticleRestraints of trade - Reasonableness to protect legitimate business interestsRestraint of trade clauses must be reasonable, based upon a wide range of criteria, to be enforceable.AustraliaEmployment and HRRostron Carlyle Rojas
ArticleChallenging a WillWill disputes frequently involve testamentary capacity, eligibility to claim & whether proper provision has been made for a party.AustraliaFamily and MatrimonialRostron Carlyle Rojas
ArticleChallenging a will based on undue influence, in QueenslandDue to the onus and burden of proof on applicants, undue influence in relation to a Will is difficult to prove.AustraliaFamily and MatrimonialRostron Carlyle Rojas
ArticleThe bank of mum and dad: Loan or a resulting trust?Parents must explicitly document the nature and intention of any monies advanced to their children. AustraliaFinance and BankingRostron Carlyle Rojas
ArticleThe newly-introduced Small Business Restructuring (SBR) provisionsThe SBR scheme is a gateway to ease pressure on small businesses facing creditor issues amid the COVID-19 pandemic.AustraliaInsolvency/Bankruptcy/Re-StructuringRostron Carlyle Rojas
ArticleDepp v Heard defamation trial: The pirate overcomes the horrorMany differences between the conduct of this US trial and the conduct of a defamation trial in Australia.AustraliaLitigation, Mediation & ArbitrationRostron Carlyle Rojas
ArticleReal estate commission disputes: Effective cause of saleSubstitution of a buyer can easily lead to a dispute over whether the agent was the effective cause of sale. AustraliaReal Estate and ConstructionRostron Carlyle Rojas
ArticleChanges to the defamation law in QueenslandThe Act has been amended to incorporate a number of changes to the process of pursuing defamation claims in Queensland.AustraliaLitigation, Mediation & ArbitrationRostron Carlyle Rojas
ArticleHow To Respond To A Director Penalty NoticeA director penalty notice (DPN) is a notice that the Australian Taxation Office (ATO).AustraliaCorporate/Commercial LawRostron Carlyle Rojas
ArticleRecovering damages for reliance upon contractual promise"Reliance Damages" are damages for when a party has spent money in reliance upon an unfulfilled contractual promise.AustraliaCorporate/Commercial LawRostron Carlyle Rojas
ArticleSecurity for costs in NSW: Balancing justice between the partiesThe court's power to make an order for security for costs is discretionary and considers all relevant circumstances.AustraliaLitigation, Mediation & ArbitrationRostron Carlyle Rojas
ArticleSecurity for costs in NSW courts: Balancing justice between the partiesThe court's power to order security for costs is discretionary and involves considering all relevant circumstances.AustraliaLitigation, Mediation & ArbitrationRostron Carlyle Rojas
ArticleReal estate agent's commission –"effective cause of sale"This NSW decision examines an "effective cause of sale" - for a real estate agent to recover a commission. AustraliaReal Estate and ConstructionRostron Carlyle Rojas
ArticleTermination of "off the plan contracts" by Developers-Implied term of co-operation and right to inspectBrightman Ors v Royal Pines Projects, the Court relied upon an implied term.AustraliaReal Estate and ConstructionRostron Carlyle Rojas
Article7 ways to enforce a civil judgement in New South WalesThe various options judgment creditors have in enforcing a judgment for money and the return of property.AustraliaLitigation, Mediation & ArbitrationRostron Carlyle Rojas
ArticleBroken promises and the doctrine of equitable estoppel by encouragement Human nature and family ties can sadly often lead to disappointment and litigation.AustraliaReal Estate and ConstructionRostron Carlyle Rojas
ArticleRestraints of trade in commercial documents must be reasonableThe main appeal issue was whether the restraint provision in the agreement was void as an unreasonable restraint of trade.AustraliaCorporate/Commercial LawRostron Carlyle Rojas