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Litigation2018-07-13T13:44:38+10:00

A DISCLAIMER SAVES THE DAY

A recent Queensland Court of Appeal decision shows the continuing utility of disclaimers on products despite legislative reforms narrowing the scope of their effectiveness. In Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd[1]  a class action was brought on behalf of commercial farmers against [...]

March 14th, 2023|Commercial, Litigation|

Hands off my deposit… at least for now: creative special condition modifying the operation of statutory deposit release rules deemed void

Vendors in real estate transactions are motivated to have their deposits released as early as possible. This motivation is particularly strong in relation to sales of high-value development sites, which are often sold on terms where settlement may be scheduled many years into the future. [...]

January 19th, 2023|Litigation, Property|

An expensive lesson: prospective purchasers lose $168,000 deposit after failing to comply with subject to finance clause

Buying a property can be one of the biggest and most important transactions you make during your lifetime and it is important you seek professional advice to protect your interests.     A decision of the Victorian Supreme Court[1] handed down on 5 August 2021 demonstrates the potentially [...]

August 12th, 2021|Litigation, Property|

Your builder gives you a quote, but no written building contract, and you agree to proceed. Where do you stand?

It’s surprisingly common for home owners to engage builders to undertake domestic building works without that arrangement being supported by a written building contract. Sometimes the only documentary support is a written quotation, which may not be compliant. Home owners may be tempted to agree [...]

March 4th, 2021|Litigation, Property|

Heard it through the grapevine: Facebook defamation suit between congregation members leads to >$200,000 judgment

A string of recent, high profile defamation decisions, for example those involving actors Rebel Wilson and Geoffrey Rush, have shown that Courts are prepared to award significant damages to successful complainants. But it is important to remember that defamation disputes are not exclusively between celebrities [...]

December 11th, 2020|Commercial, Litigation|
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