Litigation and Dispute Resolution

Litigation and Dispute Resolution

Verbal Contracts – Worth the Paper They are Written On?

Can a verbal promise from a good friend be a binding contract? It depends: “… not every promise, however sincerely made, is legally enforceable”: per Campbell J in the recent Supreme Court of NSW case of Winter v Nemet. This case considered such an issue over a three day hearing and then on appeal. Substantial

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Not so EZY: Employer’s accountants liable for client’s Fair Work Act contraventions

The Full Federal Court (FFC) in EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 has upheld a Federal Circuit Court (FCC) decision to fine an accounting firm who performed the payroll and audit function for its client.  The employer client admitted contravening the Fair Work Act 2009 (Cth) (Act) and the

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Statutory Demands: What to do about post-judgment interest

A Creditor’s Statutory Demand (CSD) is a formal document which if in the proper form, and is served correctly, requires the company served to either: pay the amount demanded (which must be over $2,000) within 21 calendar days– otherwise the company will be deemed insolvent and could eventually be wound up and a liquidator appointed; or

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Arbitration Clauses: Positives and Pitfalls

We often see commercial agreements with a dispute resolution clause that requires the parties to attend mediation to resolve a dispute and, in the event that mediation fails, directs that the dispute proceed to arbitration – as opposed to Court.   Every agreement should be considered on its merits in deciding whether to include an

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Expert Evidence – Admissibility remains a challenge for experts and lawyers  

In the recent case of Rolleston v Insurance Australia Ltd, the NSW Court of Appeal upheld the lower Court’s rejection of a valuer’s opinion on the value of a Mosman residential property. Whilst not making new law, the case provides a useful reminder on the quite stringent requirements for experts’ reports, including the need for

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‘Tis the season to be wary…

At this time of year, many of our clients are starting to wind down in the lead up to the holiday period – or perhaps more realistically, madly trying to get everything done before the annual Xmas/New Year shutdown. Past experience has shown us that there is a tendency for some opportunists out there to

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SME Shareholder Agreements – preventative medicine

I have recently acted in a number of SME (small to medium size enterprises) shareholder disputes requiring my disputes and insolvency expertise. These disputes came about as result of diminishing profits and the financial pressures then faced by the directors. I have seen many other triggers cause a serious breakdown of trust between SME owners and a consequent dispute or management deadlock.

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Planning ahead … enduring guardianship

What is an enduring guardian and how and why appoint one – this is a guide to assist in planning your future.

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