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  • Article

    The NSW Supreme Court decides in Jones v Murrumbidgee Irrigation Ltd: Admissibility of expert reports

    The admissibility of expert evidence in New South Wales is a question of both the UCPR and the Evidence Act 1995 (NSW).
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Best reasonable endeavours with respect to subdivision

    Vendor did not use 'best reasonable endeavours' to register the plan, so the purchaser validly terminated the contract.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Checklist: What should your legal and physical due diligence involve?

    This simple checklist is a preliminary scope of matters to be considered as part of any due diligence.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Lessor found liable for the conversion of a lessee's goods upon repossession

    A recent NSW case considered the rights of lessors and lessees on termination of a lease.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Notice to complete upheld; vendor entitled to deposit and damages

    When the purchaser of the property failed to complete after a number of extensions, the vendor terminated the contract.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Prospective Sydney waterfront property buyers cautioned over lapsed Roads and Maritime Services leases

    Prospective purchasers of Sydney waterfront properties should not assume that they can use existing maritime structures.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Quantity surveyors may be liable for deficient valuations - LM Investment Management v BMT

    The property development financier successfully sued the quantity surveyor for breach of duties for incorrect assessment.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Achieving gender balance in co-educational schools in Victoria

    To address gender imbalance, co-ed schools in Victoria must obtain an exemption under anti-discrimination legislation.
    AustraliaConsumer Protection
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Investigation reports as evidence for dismissal - A help or hindrance in the Fair Work Commission?

    In this case, the Commissioner found that the investigation report was hearsay, and less weight than direct testimony.
    AustraliaEmployment and HR
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Appeal dismissed in shopping centre slip and fall claim

    The shopping centre defence succeeded in the slip and fall case, as it could demonstrate a regular cleaning regime.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Offers of compromise: be careful what you promise

    Defendants should take heed of Rule 20.26 of Uniform Civil Procedure Rules (NSW) when accepting an offer of compromise.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Suspended sentence and conviction recorded for violation of enforcement order

    The defendants had failed to comply with an enforcement order made by the court in an earlier enforcement proceeding.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Expert determinations are hard to challenge so word your contract carefully

    If your contract contains an expert determination provision, you may have to abide by whatever the expert decides.
    AustraliaMedia, Telecoms, IT, Entertainment
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Court declares changes to a development application are a minor change

    The proposed changes to the development application involved moving the location of a new monopole and changing its form.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Landlord's failure to repair premises may result in compensation payment to tenant

    A landlord's failure to repair to leased premises may result in the tenant being entitled to compensation.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Reduction in intensity does not result in a substantially different development

    The Court found that the proposed changes to the application did not result in a substantially different development.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Rights of a property purchaser if the seller doesn't fulfil their contractual obligations

    A property purchaser can either terminate the contract, or complete the contract and sue the seller after completion.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Tenancy make good arrangements should be specified clearly when negotiating the lease

    The major problem with make good clauses is the lack of precision and understanding of the obligations of the parties.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Competition Policy Review Draft Report makes recommendations concerning shipping industry

    The Panel recommends repealing Part X of the Competition and Consumer Act, which allows anti-competitive agreements.
    AustraliaTransport
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Pandemic pandemonium: the decision in David Quince v Annabelle Quince and Anor

    Where material disadvantage, unfairness or safety risk could occur, a hearing may well be vacated to a future date.
    AustraliaCoronavirus (COVID-19)
    Colin Biggers & Paisley
    Colin Biggers & Paisley

Showing 301–320 of 1419 results

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