Newspaper & Journal Articles

Frustration of Contracts

Force Majeure and Frustration of Contracts due to COVID-19 BACKGROUND The outbreak of COVID-19 has had a significant effect on a number of commercial contracts. In a number of cases, restrictions on gatherings of people and travel have made performance of the contracts difficult, if not impossible. This has raised the issue of whether the

Read More »

Issues to Think About if Starting a Business

A list of issues to think about. Not necessarily apt for all situations, but a good base which a few people have now used to ground their thinking. If you are interested in starting up a business and, after reading this, have any questions, please feel free to contact us. https://www.linkedin.com/feed/update/urn:li:activity:6637479952121978880 Read Issues to Think

Read More »

Eakin Mccaffery Cox in Affiliation With Australiance Is Holding a Seminar Evening on Issues for Small Business

On 20 February 2020 Eakin McCaffery Cox in affiliation with Australiance is holding a seminar evening on issues for Small Business. Partners Gregory Ross and Stephen Boatswain will be talking on Protection of Intellectual Property for Small Business and Workplace Issues for Start ups. https://www.linkedin.com/feed/update/urn:li:activity:6629882276324970496

Read More »

Eakin Mccaffery Cox Welcomes Dr Stephen Pallavicini

Eakin McCaffery Cox welcomes Dr Stephen Pallavicini as a partner in our Property Team. With many years’ experience in Sydney commercial law firms and as Senior Legal Counsel Commercial Property Stockland and Lead Lawyer / Senior Property Lawyer Woolworths Group, Stephen has a breadth and depth of knowledge in the commercial property field which is

Read More »

Protection of Intellectual Property for Small Businesses

Eakin McCaffery Cox partner Gregory Ross is, in collaboration with Advisers Digest presenting a Webinar on 12 February 2020 “Protection of Intellectual Property for Small Businesses”. Full detail can be found at https://lnkd.in/fs-pNhw https://www.linkedin.com/posts/eakin-mccaffery-cox_join-our-live-webinarwith-guest-presenter-activity-6629870203134148608-yaqJ/

Read More »

Protection of Intellectual Property for Small Business

North Shore Wednesday Group 19 June 2019 Greg Ross Partner What is the pudding here for? Deezert: Guest Post: Is Christmas pudding – pudding? What is “Intellectual Property”? Type of property right that covers intangible creations of the human intellect, as opposed to things like land or goods String of different laws and rules mostly

Read More »

Amb Crackdown on Doctors Providing Alternative Medicine

Eakin McCaffery Cox Partner Greg Ross discusses the Australian Medical Board’s apparent crackdown on doctors providing Alternative Medicine and Therapies. Introduction The Australian Medical Board (AMB) is considering options for “clearer regulation of medical practitioners who provide complementary and unconventional medicine and emerging treatments”, and has issued a Consultation Paper on its proposals and called

Read More »

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.

Read More »

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

Read More »

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

Read More »

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,

Read More »

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,

Read More »