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The July 2016 decision by High Court of Australia’s (HCA) in Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28 (27 July 2016) (http://www.austlii.edu.au/au/cases/cth/HCA/2016/28.html), will hopefully end the tortuous litigious path of...
The 3 December 2014, decision of the High Court of Australia in CANTARELLA BROS PTY LIMITED v MODENA TRADING PTY LIMITED [2014] HCA 48 may raise interesting implications for trademarks involving words borrowed from other...
In a recent case in the Supreme Court of NSW Justice Young granted relief against forfeiture in favour of a tenant who operated a nightclub in Kings Cross(Elevation (NSW) Pty Ltd v Uniting Church in...
Question: Can I have access to, or through, my neighbour's land? The short answer is: Yes, if your neighbour agrees. Otherwise, the answer is longer, with legal options available in some circumstances. In NSW, there...
Pre-DA meetings - Yes, No, Maybe? Outcomes of a pre-DA meeting can be mixed so: time it right; be prepared; and, think before you pre-DA. what is a pre-DA meeting? A pre-DA meeting is a...
Great news! - Your development has been approved! Let's read through these conditions, I'm sure they will be fine... Unfortunately for some, the joy of an approval can be fleeting. Conditions on a development consent...
Thanks for the frogs! - Council's liability in nuisance to a downstream developer for inadequate action on upstream development & deliberately directing stormwater onto private land Gales Holdings Pty Ltd v Tweed Shire Council [2013]...
Gregory Ross Partner Government Law Seminar 19 March 2014 Deciding when to outsource When to outsource and what to outsource is, of course, an internal decision. It is partly a risk management decision. It is...
"A development consent is a valuable asset. It is a statutory permission that authorises the carrying out of development on land, mostly for economic gain... It adds value to the land. Hence the prospect of...
This is probably the most common question asked of planning lawyers and an experience most people would prefer to avoid. The refusal, or "failure", to give a consent to a development application ("DA") by consent...
I have heard clients say this before and think no-one should want to go to Court, although the Land & Environment Court ("L&E Court") is probably a more pleasant court to be in than others....
by Peter Aked, Partner, and Kerry Sidaway, Partner 26 November 2013 When the Personal Property Security Act 2009 (Cth.) ("PPSA") came into force on 30 January 2012 pre-existing ‘securities interests’ over personal property (i.e. excluding...
POST CONTRACT MANAGEMENT: WE HAVE THE CONTRACT, NOW WHAT? Gregory Ross [1] Abstract: Winning a contract, whether by direct negotiation, acceptance of a tender lodged, success in an expression of interest process followed by negotiation...
Christina Cavallaro, Associate Mark Doble, Partner 27 August 2013 Overview Is there a risk that an adviser to a company may be deemed to be a shadow director? This paper examines the circumstances in which...
Plus ca change, plus c'est la meme chose. When I was invited to write this paper, I remembered an incident to do with NSW Government procurement law which occurred soon after I was appointed Assistant...
BY MARK DOBLE, PARTNER 7 MAY 2013 OVERVIEW In this paper I address the three most common types of administration of insolvent corporations. The three types of administrations with which I intend to deal are:...