Removal of Trustee
Removal of Trustee Failure to perform duty and ordered to pay beneficiaries Robert Aitken successfully acted for the plaintiff in the Queensland Supreme Court case of Wallerstein v Bedington [2012] QSC 71. In this civil litigation involving disputes around a trust created under a Will, the court found in favour of three beneficiaries under a Will after […]
Federal Court Requirements on Dispute Resolution
Federal Court Requirements On Dispute Resolution Lawyers now have to advise clients on how to avoid litigation in court. A new duty now falls upon lawyers to advise clients to take “genuine steps” to resolve disputes before litigation in federal courts. Lawyers will have a duty to advise clients of the requirement to file a […]
How Good Faith Operates within Australian Contract Law
The Operation of Good Faith within Australian Contract Law The concept of good faith has a controversial and complicated history within Australian contract law. However, recent case law has evidenced that good faith has now been established as an effective doctrine for commercial law. Elements of good faith Whether as an expressed or implied term, […]
Interim injunctions and interlocutory injunctions
Interim injunctions and interlocutory injunctions The terms ‘Interim Injunction’ and ‘Interlocutory Injunction’ are often used interchangeably, however there is an important distinction. An Interlocutory Injunction is obtained prior to, and remains in force until, trial. An Interim Injunction on the other hand is obtained ex parte for a very short amount of time until each […]
Misleading and Deceptive Conduct in Advertising
Misleading and Deceptive Conduct under the Australian Consumer Law (ACL) in Advertising Have you wondered how businesses can get away with making statements or claims about their products that seem unrealistic? You may have even bought a product based on what was in some advertising about the characteristics of a product. Most of the time, those […]
Misleading and Deceptive Conduct in Property Transactions and Sales of Real Estate
Misleading and deceptive conduct in property transactions and sales of real estate A real estate agent or seller’s misleading and deceptive conduct may allow buyer to terminate contract. Decisions in the Supreme Court on alleged misrepresentations by sellers and their agents have impacted the current litigation and property landscape. Nifsan Developments In Nifsan Developments Pty Ltd v […]
Misleading and Deceptive Conduct Under the Australian Consumer Law
Misleading and Deceptive Conduct Under s18 of Australian Consumer Law (ACL) a person must not, in trade or commerce, engage in conduct that is: misleading; or likely to mislead or deceive. This section focuses upon conduct rather than representations that a person may make. What Is Misleading and Deceptive Conduct? The law defines conduct as […]
Proceedings Dismissed for Delay
Proceedings Dismissed For Delay In the recent case of Uzsoki v McArthur [2011] QDC 60, Andrews SC DCJ dismissed the proceedings due to the failure of the plaintiff’s solicitors to take appropriate steps within an appropriate timeframe under the Uniform Civil Procedure Rules. The civil litigation involved a claim for damages for psychological injury allegedly sustained as […]
Proportionate Liability – Limiting the Scope of Wrongdoers Accountability
Proportionate Liability – Limiting the Scope of Wrongdoers Accountability A recent High Court decision has provided some clarity in relation to the issue of the application of proportionate liability in cases where more than one party is liable for damages. The concept of proportionate liability is outlined in Part 4 of the relevant Civil Liability Act and […]
Proposed Changes to the Building and Construction Industry Payments Act (BCIPA) for Subcontractors
Paying subcontractors – changes to legislation could provide greater protection to subcontractors The proposed changes to the Building and Construction Industry Payments Act 2004 (BCIPA) could mean a substantial shift in terms of how subcontractors are paid under certain construction contracts and affect subcontractors’ rights. Should all proposed changes be eventually implemented, the result could […]