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  • Article

    5 top pitfalls and traps of construction disputes

    Construction project parties often feel assured that the terms of their contract provides protection against conflict.
    AustraliaReal Estate and Construction
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Casual employment defined

    Employers should conduct an audit of casual contracts of employment to ensure that they comply with the new legislation.
    AustraliaEmployment and HR
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Independent contractor arrangements and why your contract terms are more important than ever

    For comprehensive written agreements, a narrow construction of its terms is to be undertaken without considering external factors.
    AustraliaEmployment and HR
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Restraints of trade - Reasonableness to protect legitimate business interests

    Restraint of trade clauses must be reasonable, based upon a wide range of criteria, to be enforceable.
    AustraliaEmployment and HR
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Challenging a Will

    Will disputes frequently involve testamentary capacity, eligibility to claim & whether proper provision has been made for a party.
    AustraliaFamily and Matrimonial
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Challenging a will based on undue influence, in Queensland

    Due to the onus and burden of proof on applicants, undue influence in relation to a Will is difficult to prove.
    AustraliaFamily and Matrimonial
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    The 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 Banking
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    The newly-introduced Small Business Restructuring (SBR) provisions

    The SBR scheme is a gateway to ease pressure on small businesses facing creditor issues amid the COVID-19 pandemic.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Depp v Heard defamation trial: The pirate overcomes the horror

    Many differences between the conduct of this US trial and the conduct of a defamation trial in Australia.
    AustraliaLitigation, Mediation & Arbitration
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Real estate commission disputes: Effective cause of sale

    Substitution of a buyer can easily lead to a dispute over whether the agent was the effective cause of sale.
    AustraliaReal Estate and Construction
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Changes to the defamation law in Queensland

    The Act has been amended to incorporate a number of changes to the process of pursuing defamation claims in Queensland.
    AustraliaLitigation, Mediation & Arbitration
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    How To Respond To A Director Penalty Notice

    A director penalty notice (DPN) is a notice that the Australian Taxation Office (ATO).
    AustraliaCorporate/Commercial Law
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Recovering 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 Law
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Security for costs in NSW: Balancing justice between the parties

    The court's power to make an order for security for costs is discretionary and considers all relevant circumstances.
    AustraliaLitigation, Mediation & Arbitration
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Security for costs in NSW courts: Balancing justice between the parties

    The court's power to order security for costs is discretionary and involves considering all relevant circumstances.
    AustraliaLitigation, Mediation & Arbitration
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Real 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 Construction
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Termination of "off the plan contracts" by Developers-Implied term of co-operation and right to inspect

    Brightman Ors v Royal Pines Projects, the Court relied upon an implied term.
    AustraliaReal Estate and Construction
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    7 ways to enforce a civil judgement in New South Wales

    The various options judgment creditors have in enforcing a judgment for money and the return of property.
    AustraliaLitigation, Mediation & Arbitration
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Broken 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 Construction
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Restraints of trade in commercial documents must be reasonable

    The main appeal issue was whether the restraint provision in the agreement was void as an unreasonable restraint of trade.
    AustraliaCorporate/Commercial Law
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas

Showing 141–160 of 180 results

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