In late September, the Queensland Court of Appeal handed down its judgement in Albion Mill FCP Pty Ltd v FKP Commercial Developments Pty Ltd [2018] QCA 229. This came in response to an appeal by Albion Mill FCP Pty Ltd (“FCP”) against the Supreme Court’s findings in...
Indemnities are regularly used in contracts in order to allocate risk between contracting parties. An indemnity is an agreement to cover loss and damage suffered by another party. Indemnities give rise to a form of contingent liability, the magnitude of which is often...
By Chris Kintis and Elle Zhang In March this year, ASIC published a report on how the unfair contract terms regime applies to loans made to small businesses. Generally, a loan contract will fall within this regime if at least one of the parties has fewer than 20...
IP licensing is growing in complexity as digital solutions involving Internet of Things (IoT), Software-as-a-Service (SaaS) and Network-as-a-Service (NaaS) become more prevalent. A shareholders agreement is a key cornerstone for protecting, and ultimately realising,...
There is a requirement in the Planning Act 2016 (Qld) (Planning Act) for developers to obtain land owner’s consent prior to making development applications for a material change of use or reconfiguring a lot. There is a separate requirement in section 65 of the...
By Paul O'Dea and Nerida Whelan Earlier this year the Queensland parliament passed the Building and other Legislation (Cladding) Amendment Regulation 2018 (Qld), amending the Building Regulation 2006 (Qld) ("Regulation"), which will come into force on 1 October 2018....
By Peter Karcher and Elle Zhang Winter in Australia is fun. You pack up your snow gear and off you go to the winter wonderland. You are having the time of your life; sashaying down the slope with your new gear has made you temporarily forget about your problems and...
You lose a lucrative contract as a result of your supplier’s failure to meet its contractual obligations to you. You terminate your contract with the supplier and look to recover the profit you would have earned under the lost contract from the supplier but, oh no,...
By Brad Vinning and Ruby Mackenzie-Harris Business is booming, however... Have you heard about Prospa? This startup shot to Australian Financial Review fame in early June this year. It is an online lender which offers unsecured business loans to small businesses which...
By Peter Karcher and Jake Reid What is it? In December 2017 the Federal Government directed the Australian Competition and Consumer Commission (ACCC) to conduct an inquiry to examine the impact of digital search engines, social media applications and online digital...
From time to time in business it may become necessary to enforce your legal rights by way of Court action. You may, for example, need to enforce the terms of a contract, seek redress for negligence or enforce your statutory rights. If you do find yourself in that...
Developers and foreign investors should be aware that in response to the recent Queensland State Budget there will be an increased stamp duty surcharge on foreign buyers for the acquisition of residential property, under the Duties Act 2001, from 1 July 2018. The...