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Leases, Contracts and Expert Determination Clauses – Why You Need a Lawyer to Review Your Documents!
The Supreme Court of Victoria as recently considered expert determination clauses in leases and other contracts concerning land. These reasonably standard clauses cover things like the possibility of dispute between the parties about the important things ie. rent payable under a lease, or the value of land under an option … Continue reading
Supplying goods overseas? Misleading and deceptive conduct, consumer guarantees and why you need to consider the ACL
Foreign corporations that supply goods, including computer software, to Australian Consumers online should be aware of the protections afforded to consumers under Australian Consumer Law. This case highlights that foreign corporations that operate online platforms for Australian consumers can be subject to Australian Consumer Law (ACL). The ACL provides automatic … Continue reading
Liquidators, unfair preference claims and extending time
The decision made in BKA Practice Co Pty Ltd allows liquidators to apply to the Court to rectify mistakes, even when the three-year limitation period set by the Corporations Act 2001 (Cth) has passed. More precisely, the case extends the time within which voidable transaction proceedings can be brought under … Continue reading