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A great number of complex legal disputes involving a variety of industries are determined in Queensland tribunals these days. Often the rules do not allow parties to have legal representation ...
Trade suppliers, commercial credit providers and parties to commercial transactions commonly include what is referred to as a ‘charging clause’ in their terms of trade, contractual agreements and guarantee documentation. ...

Will you need to go to QCAT?

A great number of complex legal disputes involving a variety of industries are determined in Queensland tribunals these days. Often the rules do not allow parties to have legal representation as a matter of right and special permission needs to be sought to obtain the assistance of a lawyer. This

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Protecting Contract rights – interlocutory injunctions

In the recent Federal Court case of Gardena (Australia) Pty Ltd v Nylex Corporation Pty Ltd [2008] FCA 1846 two iconic companies in the Australian garden and irrigation products market became embroiled in a turf war resulting in an interlocutory injunction being granted by the Federal Court.

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Calculation of contract damages

The High Court of Australia recently held in Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 that a tenant who conducted unauthorised alterations to the foyer of a commercial building was liable to compensate the landlord.

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Perils in exercising power of sale

In Sablebrook P/L v. Credit Union Australia [2008] QSC 242 the mortgagee breached section 85 of the Property Law Act 1974 by failing to take reasonable care to ensure the mortgage property was sold at market value.

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Charging clause – beware!

Trade suppliers, commercial credit providers and parties to commercial transactions commonly include what is referred to as a ‘charging clause’ in their terms of trade, contractual agreements and guarantee documentation.

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