As published in CK Momentum Issue 8 (Click here to download) Areas of vital concern in Queensland and New South Wales are the issues surrounding maintenance and repairs of strata titled buildings, and the possibility of termination of schemes in circumstances where...
As published in CK Momentum Issue 8 (Click here to download) Alternative dispute resolution is an integral part of global business. There is a growing need for contracts to adequately reflect an international position for any dispute resolution process that...
Practical Tips for Managing Debtors and Improving Cash Flow As published in CK Momentum Issue 8 (Click here to download) At a Small Business Summit in July 2015, the Commissioner for Taxation indicated the ATO will now take a more aggressive approach to debt...
As published in CK Momentum Issue 8 (Click here to download) To avoid the risk of replicating many of the mistakes the Japanese made in their acquisitions of property in Australia in the 1980s and 1990s,prospective foreign investors in Australian rural assets should...
As published in CK Momentum Issue 8 (Click here to download) CLARKEKANN’S RECENT SUCCESS FOR PACIFIC MAGAZINES IN TRADE MARK DISPUTE Media giants, Pacific Magazines (New Idea and That's Life!) and Bauer Media (Woman's Day and Australian Women's Weekly) recently came...
WELCOME CHANGES TO THE PPSA COMMENCE TOMORROW Up until now, leases or bailments of certain serial numbered goods (such as motor vehicles) for a term of 90 days or more were deemed to give rise to security interests under the Personal Property Securities Act 2009 (Cth)...
Construction contracts, particularly the Australian Standard general conditions, routinely include liquidated damages clauses requiring one party to pay damages arising from some breach of contract or a defect. Such terms will be unenforceable as a penalty clause if...
Reference dates in construction contracts are vital to the operation of the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”). A party’s right to a progress payment (and to also make a payment claim) under BCIPA is dependent upon the claimant...
If you illegally downloaded the Oscar winning film Dallas Buyer’s Club you won’t be hearing from its owners…for now. Copyright holders hoping to prosecute Australian’s who have illegally downloaded content will be rethinking their approach after the decision handed...
TRICKS AND TIPS FOR LENDERS, BORROWERS AND LAWYERS Alceon Group Pty Ltd v Rose [2015] NSWSC 868 In the lending business, personal guarantees are common practice. However, any financial transaction can pose substantial risks for guarantors, lenders and lawyers. Below,...
OVERVIEW Over the last couple of years, the regulation of the construction industry has been going through an overhaul as a result of the inquiry into the operation and performance of the Queensland Building Services Authority (“QBSA”) in 2012. In mid 2013, the...
A recent decision of the Federal Court of Australia has placed a sharp focus on the use of credence claims (that is, claims which involve a representation of a premium or special characteristic about a product) in marketing in the Food and Beverage industry. In a...