2021 - articles & insights

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Contracting Out of Statutory Limitation Periods

Recently the High Court of Australia (Court) held that parties may validly contract out of statutory limitation periods. This decision will likely have broad application and impact on clauses in …
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Promissory estoppel

Commercial parties tend to operate in fluid and fast paced environments. Frequently formal contracts are entered into or amended late or possibly not at all. Time constrains, cost constraints or …
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Signing Documents in the Digital Age

With the current lockdown forcing many offices to close, we have seen an increase in the number of queries from clients regarding the remote execution of documents. This article provides …
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Activating development consents

In NSW, a development may or may not require consent, depending on the conditions in an environmental planning instrument. Developments which do not require consents are usually very low impact …
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Caveats – who, what, why?

What is a caveat? A caveat is a form of warning with respect to land.  A caveat alerts others that the person who lodged the caveat (caveator) has an unregistered …
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Changes to Company Electronic Execution

Background The most common method by which a company may execute a document is that prescribed by s127 of the Corporations Act 2001 (Cth) (Corporations Act). By doing so, parties …
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Introduction to the PPSA

Most businesses and many individuals will be asked to either give a security interest over their personal property or will want to benefit from a security interest over another’s personal …
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CPB held to its DEAL

A recent decision of the New South Wales Supreme Court in CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820 confirmed the pro-arbitration approach of the Supreme Court and …
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