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Monthly Archives

December 2023

Case note on Young v Chief Executive Officer (Housing) [2023] HCTA 31 – an interesting case Property
18 December, 2023

Case note on Young v Chief Executive Officer (Housing) [2023] HCTA 31 – an interesting case

Why is this case important? Young v Chief Executive Officer (Housing) HCTA 31 was heard in the High Court of Australia earlier this year. It is important because: The High Court ruled that a tenant's distress and disappointment due to a prolonged absence of a backdoor was compensable under statute.…
Victoria Caldwell
Restraint of trade clauses in business sale agreements – What NOT to do CommercialContracts
5 December, 2023

Restraint of trade clauses in business sale agreements – What NOT to do

Restraint of trade clauses in business sale agreements must be drafted with enough specificity to avoid being struck out by the Court as unreasonable. This article will provide a few pointers on what not to do when drafting restraint clauses in business sale agreements. What is a restraint of trade?…
Victoria Caldwell
Be Wary of Your Payment Schedules Under the SOP Act BuildingConstructionSecurity of Payments
1 December, 2023

Be Wary of Your Payment Schedules Under the SOP Act

Turnkey Innovative Engineering Pty Ltd v Witron Australia Pty Ltd NSWSC 981 In the recent Supreme Court case of Turnkey Innovative Engineering Pty Ltd v Witron Australia Pty Ltd NSWSC 981, the Court emphasised how a respondent’s payment schedule must provide the amount and any reasons for withholding. The respondent’s…
Victoria Caldwell
Unfair Contract Terms Significantly Expanded. Don’t be caught out! CommercialContracts
1 December, 2023

Unfair Contract Terms Significantly Expanded. Don’t be caught out!

Businesses that employ fewer than 100 employees or with annual turnover under $10 million (Small Business) are now protected by the new unfair contract terms (UCT) regime in standard form contracts. The intention of this new UCT regime is to capture an expanded number of businesses and provide greater protections…
Victoria Caldwell
Using DOCAS To Preserve SOPA Claims In Administrations? BuildingCommercialConstructionInsolvencySecurity of Payments
1 December, 2023

Using DOCAS To Preserve SOPA Claims In Administrations?

Commercial Context Construction companies are often thinly capitalised and do not hold significant real property or other assets.  Often their most significant (and sometimes their only) assets are unpaid progress claims arising from construction work undertaken prior to entering into external administration. Progress claims however can be difficult to recover.…
Victoria Caldwell