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 Australian Executor Trustees Limited [2012] FCAFC 31.
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 exceptional circumstances, such as where there are minimal assets in the estate or where there has been disentitling conduct.
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.
On 3 August 2010 the Civil and Criminal Jurisdiction Reform and Modernisation Amendments Bill 2010 was passed by the Queensland parliament.
CGU Insurance Limited v One.Tel Limited
Section 84 of the Property Law Act in Queensland provides that a mortgagee may not exercise the power of sale unless a notice under section 84 has been served on the mortgagor and the specified default is not remedied within 30 days from service of the notice.
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 of Actions Act 1974 (Qld) (LAA).
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.
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 Building and Construction Industry Payments Act 2004 (Qld) (BCIPA).
The recent case of Martinek Holdings Pty Ltd -v- Reed Construction (Qld) Pty Ltd [2009] QSC 328 confirms that a Superintendent’s certificate does not automatically override an adjudicator’s decision under the Building and Construction Industry Payments Act 2001 (Qld).
The Federal Court has ordered a builder to pay costs on the indemnity basis for refusing to withdraw a statutory demand based on a BCIPA adjudication.
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 will be the case with Queensland’s new “super tribunal” – to be known as QCAT or the Queensland Civil and Administrative Tribunal.