Articles On Important Business Law & Commercial Litigation Developments

Sep 13 2017
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house deposit

Is a Further ‘Deposit’ payable on Termination of a Contract for the Sale of Land an Unenforceable Penalty?

By | Contract | No Comments

Some contracts for the sale of land require payment of an additional ‘deposit’ amount, if the contract is terminated. The Victorian Supreme Court recently addressed this question: in what circumstances might an additional ‘deposit’ payment…

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Jul 12 2017
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lost management time

Can Damages Be Recovered for Lost Management Time in Dealing with a Breach of Contract or Negligence?

By | Contract, Damages | One Comment
It is often the case that valuable management time is spent dealing with the consequences of a breach of contract and/or negligence by another party. Can management expenses involved with such time be recovered as...
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Jun 28 2017
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default interest rate

Is a 53% pa default interest rate under a short-term loan facility valid and enforceable?

By | Contract | No Comments
Short-term loan facilities often come with horrendous rates of interest. The WA Supreme Court recently examined a short-term loan with an interest rate of 9.75% per annum during the term of the loan, which increased...
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Jun 22 2017
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statutory declaration

Can a Statutory Declaration Submitted in Support of a Payment Claim Amount to Misleading And Deceptive Conduct?

By | Australian Consumer Law | No Comments
Building and construction contracts often require that before a contractor is paid, the contractor must give the principal a statutory declaration, to the effect that the contractor’s employees, sub-contractors and suppliers have been paid all...
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Jun 07 2017
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how to validly exercise option to renew lease

How To Validly Exercise An Option To Renew A Lease

By | Lease | No Comments

Disputes often arise regarding whether an option to renew a lease has been validly exercised, when a landlord wishes to terminate a lease. It is then necessary to have regard to the terms of the…

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May 23 2017
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oppressive conduct

Oppressive Conduct – Resolving A Deadlock In A Company With 50/50 Shareholder Directors

By | Corporations | No Comments
It is not uncommon for a deadlock to arise in companies established with equal shareholders who are also directors. If not quickly resolved such deadlocks can cripple the management and operation of a company. This...
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May 08 2017
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legal-template

High Court On The Risk Of Amending A Legal Template

By | Contract | No Comments
As this High Court case illustrates, athough it is common practice to amend a legal template,  sometimes it is better to start from scratch. Facts The lessor and owner of certain land wished to sell...
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Apr 15 2017
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negligent legal advice

High Court on whether a lawyer can be held liable for negligent advice not to settle legal proceedings

By | Negligence

In May 2016 the High Court held that advocates’ immunity does not apply to a lawyer who gives negligent advice which leads to settlement of litigation by agreement between the parties.  (See my earlier case…

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Mar 15 2017
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duty of care

Does a Bank Owe a Duty Of Care To a Customer Regarding the Risk of a Bank Robbery?

By | Negligence
In this case the worst fear of any bank customer was realised – being caught up in a bank robbery. The customer developed post-traumatic stress disorder and sued Westpac for allegedly breaching a duty to...
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Jan 11 2017
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mates rates contract

How A “Mates’ Rates” Contract Can Come Back To Haunt You

By | Contract
A dispute arose between the owner of land and a builder regarding the price for constructing a building on the land: the owner argued that the contract was a fixed price contract to do the...
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