How, and when, documents should properly served under the terms of a contract is a common, but important issue. While proper service may appear straightforward, getting it wrong can detrimentally affect the exercise of contractual rights under a particular contract....
Key takeaways The sole director of a company was found to have breached his duties as a director by causing the company, which was in difficult financial circumstances, to make unsecured loans to another company associated with the director. It is important for...
We are delighted to announce that ClarkeKann Lawyers Partner Chris Kintis has been named as Finalist for Mentor of the Year 2022 in the Australian Law Awards. As a firm we're all about supporting our people and it's great to have Chris' commitment to the team...
Can a builder still recover payments due under a building contract after being 141 weeks late in completing works? Key takeaways Despite the owner terminating a building contract for serious delay and breach by the builder in failing to provide supporting documents...
Key takeaways Crown directors avoid ASIC prosecution partly because they were entitled to rely on "what they were being told by senior management". Directors may properly discharge their duties and defend against claims of breach by reasonably relying on information...
Takeaways A planning certificate issued pursuant to s 10.7 (previously s 149) of the Environmental Planning and Assessment Act 1979 (NSW) ("the Act") is required to be annexed to contracts for the sale of land in New South Wales. A Section 10.7 certificate provides...
Disputes concerning the availability of exclusion clauses to deny liability for COVID-19 related insurance claims continue to be litigated before the Courts. As lockdowns and closure orders take an increasingly heavy economic toll on businesses, policy holders...
Introduction Back in January, we wrote about an important test case that considered whether insurers could deny liability for small business insurance claims amid the pandemic. Insurers argued that exclusion clauses in its policies excluded cover for business...
Jurisdiction clauses are often not examined as closely as they should be. You should ensure that your agreements contain a jurisdiction clause that nominates a convenient jurisdiction for your business. Jurisdiction clauses are often overlooked when parties are...
In August 2020, we discussed a pending test case that considered whether insurers could deny liability for small business insurance claims amid the COVID-19 pandemic. The Court found in favour of small businesses, which has resulted in a large number of businesses...
It's probably fair to say that you wouldn't ask your builder to give you legal advice (and you definitely wouldn’t ask us to build your house). However, we regularly see disputes between builders and home owners where both parties have failed to get legal advice at an...
Most people would assume the answer to that question is a firm no (and usually they would be right), but a recent NSW Supreme Court decision in Rathswohl v Court [2020] NSWSC 14901 shows that in particular circumstances a recording can be relied on. The Facts...