ArticleAvoiding the risks of being a "family" solicitorMany claims against solicitors could be avoided by the solicitor being aware of conflicts of interest within the family.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleFive tips to help your business avoid breaking the law onlineIf you market your business online or reach new customers via social media, you could face both opportunities and risks.AustraliaMedia, Telecoms, IT, EntertainmentColin Biggers & Paisley
ArticleDeposits of less than 10% in property transactionsThe vendor's claim was unsuccessful, as the contract clause regarding payment of the other 5% constituted a penalty.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleForeign ownership of water entitlements registration updateThe proposed changes have passed, and impose immediate and ongoing registration compliance burdens on foreign persons.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleOptions require strict complianceThis retail lease case provides an in-depth assessment of what an option is and what is required to exercise an option.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleRelief against penalties after Andrews v ANZ - implications for construction industryThe High Court held that a fee or sum payable on the occurrence or non-occurrence of an event may still be a penalty,.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleRetention money to be held in trust for subcontractors under security of payment laws in NSWTrust accounts required to provide payment security for subcontractors.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleState Revenue Legislation Further Amendment Bill 2019 (NSW)The recent NSW Bill made amendments to the Duties Act 1997, the Land Tax Act 1956 and the Land Tax Management Act 1956. AustraliaTaxColin Biggers & Paisley
ArticleCouncils can be found guilty of misleading or deceptive conductLocal councils are not exempt from the misleading or deceptive conduct provisions of the Competition and Consumer Act.AustraliaConsumer ProtectionColin Biggers & Paisley
ArticleCorporate responsibility: you can not afford to ignore itBusinesses can be socially responsible and contribute meaningfully to the community, without reducing competitiveness.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleShadow directors are not just creditors indicating a preferenceCase clarifies the criteria for a lender, secured creditor or other third party to be considered a shadow director.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleWording your contract to get the deal over the lineRecent contract law cases have considered the enforceability of the phrase "reasonable endeavours".AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleCouncil's power to issue a Section 118BA Notice To Answer QuestionsUltimately, the LEC (NSW) declared the Notice to be ultra vires, or beyond the powers of the council, therefore invalid.AustraliaEnvironmentColin Biggers & Paisley
ArticleFraudulent devices rule confirmed in shipping case by England's Court of AppealThe UK court has confirmed in a shipping case that employing fraudulent devices forfeits an insurance claim in England.AustraliaInsuranceColin Biggers & Paisley
ArticlePre-litigation reforms under Part 2A of the Civil Procedure Act 2005 (NSW) postponedReforms to require parties to take reasonable steps to resolve disputes before court proceedings, have been postponed.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleQueensland Planning and Environment Court re-enlivens a lapsed development approval where the relevant Council was not opposed the re-enliveningThe Court decided that it was appropriate to exercise its discretion and re-enlivened the lapsed development approval.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleQueensland Supreme Court found that the usual rules as to costs applied, despite the public interest character of the proceedingThe Court decided that there was no reason to depart from the usual order as to costs or to reduce the quantum of costs.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleBuilding Information Modelling (BIM) – a new phase for the construction industry in AustraliaBIM maintains all information relevant to a building or construction project throughout the lifecycle of that project.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleEnglish High Court narrows the scope for legal challenges of Environmental Impact AssessmentsThe court considered whether participation of non-planning committee members in committee meeting was prejudicial.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleQueensland Land Court dismisses appeal where evidence did not involve true comparable salesThe Court preferred the Valuer-General's valuation, rather than the landowner's, which was based on unqualified opinion.AustraliaReal Estate and ConstructionColin Biggers & Paisley