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On 20 March 2012, the Federal Court reiterated the legal principles to be applied in matters involving negligent, misleading or deceptive property valuations in the decision of Propell National Valuers (WA) Pty Ltd v...
07 May 2012
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Categorised In: Litigation & Dispute Resolution
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Generally, an eligible person will succeed in a challenge to a Will if they have been left without adequate provision and they can demonstrate some financial need. Provision will not usually be refused except in...
27 February 2012
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Categorised In: Litigation & Dispute Resolution
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On 13 February 2012 the ACCC provided an update on its use of new powers to issue infringement notices to business. These powers allow the ACCC to issue infringement notices where:
it has reasonable grounds to...
22 February 2012
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Categorised In: Corporate Governance & Compliance, Litigation & Dispute Resolution
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Applicants who challenge wills in order to gain a greater share of an estate (and their solicitors) have long taken comfort from the 1994 decision of Singer v Berghouse. In that case the High Court said that, generally...
27 July 2011
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Categorised In: Estate Administration & Disputes, Litigation & Dispute Resolution
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In Lipman Pty Limited v. Emergency Services Superannuation Board [2010] NSWSC 710, the New South Wales Supreme Court held that an expert determination made under a construction contract was binding on the parties.
The...
03 November 2010
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Categorised In: Litigation & Dispute Resolution
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In disputes over unpaid debts it is common for a settlement agreement to require the debtor to pay an amount less than the full amount claimed.
The lower amount will be accepted by the creditor in full settlement,...
14 October 2010
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Categorised In: Litigation & Dispute Resolution
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In disputes over unpaid debts, it is a common debtor strategy to send the creditor a cheque for less than the total amount claimed together with a letter saying that the amount tendered is in full and final settlement...
15 September 2010
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Categorised In: Litigation & Dispute Resolution
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On 3 August 2010 the Civil and Criminal Jurisdiction Reform and Modernisation Amendments Bill 2010 was passed by the Queensland parliament.
From 1 September 2010 the Bill will substantially increase the monetary limits...
02 September 2010
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Categorised In: Litigation & Dispute Resolution
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CGU Insurance Limited v One.Tel Limited
In this case, the High Court considered whether a trustee, appointed to administer the estate of a former director of One.Tel Limited (in liquidation) (One.Tel) under a deed of...
25 August 2010
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Categorised In: Commercial Finance, Litigation & Dispute Resolution
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Recent amendments to the Commonwealth’s taxation legislation have significantly changed the regime relating to the ATO’s power to issue director penalty notices (DPN) to a director of a company.
The previous...
07 July 2010
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Categorised In: Revenue, Tax & Superannuation, Litigation & Dispute Resolution
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In Noonan v MacLennan & Anor [2010] QCA 50 the Queensland Court of Appeal prevented defamation litigation from continuing because of a failure to comply with the strict time limits imposed by the Limitations...
31 March 2010
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Categorised In: Litigation & Dispute Resolution
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A recent decision from the New South Wales Court of Appeal highlights the complications that can come with giving money to family members on conditions without proper safeguards.
In Chong -v- Wu [2010] NSWCA 10, handed...
30 March 2010
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Categorised In: Litigation & Dispute Resolution
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Traditionally, non-profit organisations that promote the change of government law or policy have struggled to qualify for charitable tax concessions. That may be set to change with the High Court of Australia...
18 March 2010
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Categorised In: Not for Profit, Revenue, Tax & Superannuation, Litigation & Dispute Resolution
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The New South Wales Supreme Court recently handed down a controversial decision which highlights the importance of keeping registered office details up to date and ensuring legal notices are brought to the attention of...
12 March 2010
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Categorised In: Insolvency, Reconstruction & Debt Recovery, Litigation & Dispute Resolution
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The recent Supreme Court of Queensland case of National Vegetation Management Solutions Pty Ltd -v- Shekar Plant Hire Pty Ltd [2010] QSC 3 highlights the need to be cautious when dealing with payment claims under the...
11 March 2010
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Categorised In: Infrastructure, Litigation & Dispute Resolution