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bluesix

Property
24 November, 2022

Electronic affixing of seal of an owners corporation

It was always the case that the seal of an Owners Corporation needed to be affixed physically and in the presence of appropriate witnesses to comply with s273 of the Strata Schemes Management Act 2015 (NSW) (Act). In response to the COVID-19 pandemic and Government Public Health Orders, from 5…
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CommercialLaw
17 November, 2022

Penalties in Loan Contracts

Introduction In the current inflationary market, lenders are changing the terms on which they are willing to lend money to both individuals and businesses.  For most borrowers, the key variable is interest rates. Can an interest rate under a loan ever be so high that a court will refuse to…
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ContractsProjectsProperty
4 November, 2022

The doctrine of frustration in land contracts

The Doctrine of Frustration Frustration operates to bring a contract to an end in circumstances where an intervening, post-contract event has occurred through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. Frustration in contract generally and…
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ConstructionContractsLaw
12 October, 2022

Arbitration is No Bar for Bank Guarantees

In Daewoo Shipbuilding & Marine Engineering Co Ltd v INPEX Operations Australia Ltd  NSWSC 1125, Daewoo sought to prevent INPEX from calling on a bank guarantee. The Supreme Court ruled against Daewoo. Under a construction contract, the Principal may be entitled to call on a bank guarantee, even while the…
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Law
9 September, 2022

Requirements for inter-state service of proceedings – they matter!

Most lawyers know that there are special rules governing service of proceedings outside of Australia, but there are also statutory provisions governing inter-State service of proceedings. These rules stem from our constitution and federal system of government. It is important to follow the requirements of these statutory provisions closely to…
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ConstructionContractsLaw
23 August, 2022

Buildability Clauses and The End Of Construct-Only Contracts

A new trend has emerged in the drafting of construct-only construction contracts which places unexpected design risks on Contractors. Contractors should pay close attention to any clause containing the terms buildability or constructability, which may entail broad design obligations, even where the contract is otherwise a construct-only variety such as…
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EmploymentHRLaw
8 August, 2022

Key HR changes from 1 July 2022

The Vincent Young Employment + Workplace Relations team has updated its Employment + Workplace Relations Guide to reflect the changes for the 2022-2023 financial year. Download your copy today.   National Minimum Wage Each financial year, the Fair Work Commission’s (FWC) Expert Panel for wage reviews undertakes its annual wage…
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