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Monthly Archives

July 2022

25 July, 2022

Fitness for Purpose Warranties: Contractor Beware

Modern construction contracts increasingly blur the roles and responsibilities of the parties. Consistent with this pattern, ‘Fitness for Purpose’ (FFP) warranties may be used to place the design risk on the contractor (as opposed to the designer or professional engineer). Contractors should be aware of express and implied FFP warranties…
18 July, 2022

Defamation – what it takes

The elements required to prove defamation are difficult to satisfy before the Court. Each case should be assessed on its own merits, and the following key components must be proven on the balance of probabilities for a successful claim: Who can be defamed? A corporation has no cause of action…
8 July, 2022

NSW duties and penalty changes now in force

Is duty payable on a call option in NSW?  It is now. Introduction The State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 (NSW) (Bill) was introduced into NSW Parliament on 23 March 2022 and was assented to on 19 May 2022. The Bill is now referred to as State…