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  • Article

    Avoiding the risks of being a "family" solicitor

    Many claims against solicitors could be avoided by the solicitor being aware of conflicts of interest within the family.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Five tips to help your business avoid breaking the law online

    If you market your business online or reach new customers via social media, you could face both opportunities and risks.
    AustraliaMedia, Telecoms, IT, Entertainment
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Deposits of less than 10% in property transactions

    The vendor's claim was unsuccessful, as the contract clause regarding payment of the other 5% constituted a penalty.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Foreign ownership of water entitlements registration update

    The proposed changes have passed, and impose immediate and ongoing registration compliance burdens on foreign persons.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Options require strict compliance

    This retail lease case provides an in-depth assessment of what an option is and what is required to exercise an option.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Relief against penalties after Andrews v ANZ - implications for construction industry

    The 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 Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Retention money to be held in trust for subcontractors under security of payment laws in NSW

    Trust accounts required to provide payment security for subcontractors.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    State 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.
    AustraliaTax
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Councils can be found guilty of misleading or deceptive conduct

    Local councils are not exempt from the misleading or deceptive conduct provisions of the Competition and Consumer Act.
    AustraliaConsumer Protection
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Corporate responsibility: you can not afford to ignore it

    Businesses can be socially responsible and contribute meaningfully to the community, without reducing competitiveness.
    AustraliaCorporate/Commercial Law
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Shadow directors are not just creditors indicating a preference

    Case clarifies the criteria for a lender, secured creditor or other third party to be considered a shadow director.
    AustraliaCorporate/Commercial Law
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Wording your contract to get the deal over the line

    Recent contract law cases have considered the enforceability of the phrase "reasonable endeavours".
    AustraliaCorporate/Commercial Law
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Council's power to issue a Section 118BA Notice To Answer Questions

    Ultimately, the LEC (NSW) declared the Notice to be ultra vires, or beyond the powers of the council, therefore invalid.
    AustraliaEnvironment
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Fraudulent devices rule confirmed in shipping case by England's Court of Appeal

    The UK court has confirmed in a shipping case that employing fraudulent devices forfeits an insurance claim in England.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Pre-litigation reforms under Part 2A of the Civil Procedure Act 2005 (NSW) postponed

    Reforms to require parties to take reasonable steps to resolve disputes before court proceedings, have been postponed.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Queensland Planning and Environment Court re-enlivens a lapsed development approval where the relevant Council was not opposed the re-enlivening

    The Court decided that it was appropriate to exercise its discretion and re-enlivened the lapsed development approval.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Queensland Supreme Court found that the usual rules as to costs applied, despite the public interest character of the proceeding

    The 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 & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Building Information Modelling (BIM) – a new phase for the construction industry in Australia

    BIM maintains all information relevant to a building or construction project throughout the lifecycle of that project.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    English High Court narrows the scope for legal challenges of Environmental Impact Assessments

    The court considered whether participation of non-planning committee members in committee meeting was prejudicial.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Queensland Land Court dismisses appeal where evidence did not involve true comparable sales

    The Court preferred the Valuer-General's valuation, rather than the landowner's, which was based on unqualified opinion.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley

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