News Articles

Retail Leasing Reforms

The Retail Leases Amendment (Review) Bill 2017 was passed by NSW Parliament on 21 February 2017, amending the Retail Leases Act 1994 (NSW) (“the Act”) and came into effect on 1 July 2017.

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Changes to the Retail Leases Act 1994 (NSW)

On 1 March 2017 the Retail Leases Amendment (Review) Act 2017 No 2 (NSW) (“amending legislation”) received Royal Assent. These significant amendments to the Retail Leases Act 1994 (NSW) (“Act”) will commence on 1 July 2017. The amending legislation will introduce key reforms which will impact both lessors and lessees of retail premises in New

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Voidable Transactions and the Race Against Time

Australian Restructuring Insolvency & Turnaround Association (ARITA) Journal Co-authored by Christina Cavallaro, Senior Associate at Eakin McCaffery Cox Lawyers and Nicholas Simpson, Sydney barrister. This article discusses the recent Court of Appeal decision of Sydney Recycling Park Pty Ltd v Cardinal Group Pty Ltd (in liquidation) [2016] NSWCA 329 and explores the issue of bringing

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When Is a Contract Claim a Bankrupt’s Claim?

Law Society Journal Co-authored by Christina Cavallaro, Senior Associate at Eakin McCaffery Cox Lawyers and Nicholas Simpson, Sydney barrister. The article examines the recent decision of Berryman v Zurich Australia Ltd [2016] WASC 196 which considered whether a benefit payable pursuant to a bankrupt’s disability insurance policy was divisible amongst his or her creditors and,

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Contract Penalty / Liquidated Damages Law – ? Resolution ?

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 issues relating to whether certain bank fees do or do not amount to unenforceable contractual penalties. In a majority decision,

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A Change of Mark Specification

Asia IP Magazine Christina Cavallaro and Gregory Ross provide their comments on whether amendments to registered trade marks should be permitted to keep up with evolving technology.

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Peter Aked Promoted to Equity Partner

It is with great pleasure, Eakin McCaffery Cox announces the promotion of Peter Aked to the role of Equity Partner, effective 1 April 2016. Peter joined the firm, in the role of Associate, in June 2008. Peter was promoted to Salaried Partner in March 2012. Peter practises in the Corporate – Commercial Group and has

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Copyright Problems Emerge

Asia IP Magazine Gregory Ross and Christina Cavallaro share their opinion on hot new copyright issues that have emerged in the last 12 months. The article can be accessed here.

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Drop the Beat

Asia IP Magazine Gregory Ross and Christina Cavallaro share their opinion on copyright issues in the music industry.

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