A company which has suffered loss as a result of the actions of another party will often incur further costs or outlays for goods or services in order to put themselves back in the position which they would have been had the loss not occurred. These costs or outlays may be sought in a claim...
From now until January 2022, landlords of eligible SME tenants cannot pursue some enforcement action such as eviction and termination unless the parties have negotiated and attempted mediation. What are recent developments? In July 2021 as it became apparent Sydney’s second lockdown would not be short-lived, the NSW Government introduced regulations which required retail and...
Recently we held an intriguing webinar on International Contract Law hosted by the Italian Chamber of Commerce and Industry in which we discussed the difficulties encountered by Italian and Australian companies when dealing with each other and their contractual obligations in extra jurisdictional settings. In that instance we compared the 2 systems and how they...
In Queensland, all parties to a legal proceeding impliedly undertake to the court and to the other parties to proceed with the action in an expeditious way and of which rule 5 of the Uniform Civil Procedure Rules (UCPR) advises that parties to a proceeding must act in an expeditious way. One of the ways...
Settlement offers are common at all stages of a dispute. “Without prejudice” offers are often made when proceedings are anticipated (but not yet commenced), and formal offers under the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR) can be made at any point when proceedings are on foot (including during the course of a trial). But what is...
Recently, SLF Lawyers has successfully obtained a summary judgment on behalf of a creditor against debtors who raised the defence of frustration on the basis that the majority of their wealth was managed overseas and due to the border control, had no access to travel overseas or obtain their funds due as they alleged of...
Differently to our southern states of New South Wales and Victoria, in Queensland, contracts are subject to the clause ‘time is of the essence’. This means parties to a contract must perform their contractual obligations strictly by the due dates and times. Depending on the terms of the contract, if a party does not satisfy...
Indeed, a purely verbal contract generally has the same effect as a written contract. However, it makes a lot of difference when it comes to enforcement. COVID-19 does not believe in tears or handshake deals. Same applies in enforcing your contract, especially when you are trying to recover any outstanding payments. A written contract is key!...
Employers can take practical and legal steps to avoid embarrassment, use of the employers contacts trade secrets, client and intellectual property. Let’s set the scene So your trusted second in charge has opted out of the industry, decided its time for a sea change and has advised you it’s time to call it quits...
The Powers of Attorney Act 2014 (Vic) (the Act) provides strict rules that attorneys under an enduring power of attorney (POA) are subject to. Conflict Transactions Section 64 of the Act provides that an attorney for financial matters under a POA is under a duty not to enter into a conflict transaction. A ‘conflict transaction’ is defined...
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