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Building defect report – can it entitle a purchaser to terminate the contract of sale?

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The Supreme Court decision of Willis v Crosland [2021] VSCA 320 provides some helpful guidance on whether a purchaser who discovers building defects before settlement can terminate the contract and recover their deposit. In this...

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Council bites back in disputed dangerous dog declaration

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The Victorian Civil and Administrative Tribunal (“VCAT“) recently upheld a decision by Ararat Rural City Council (“Council“) to declare the Applicant’s dog, “Poppy,” a dangerous dog pursuant to s34(1)(a) of the Domestic Animals Act 1994...

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Why is it important to have the correct development consent in place?

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The majority of development in NSW requires development consent. This can include for example approval for the use of land, change of use of land, subdivision of land, erection and/or demolition of a building or...

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When can an executor be passed over or removed?

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There may be circumstances, where the executor’s capacity and or their ability to administer the estate is in question. This may occur prior to an application being made for Probate of the Will or after...

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Taking the clickbait: High Court rules a Google hyperlink is not publication

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Organisations can be targeted by traditional or social media campaigns. The hurt and damage to reputation can be challenging. While tempting to set the record straight, pursuing a defamation action can be tricky, risky and...

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Trust me, I’m not a creditor

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In the New South Wales Supreme Court case of Hall and Others v Ficema Pty Ltd [2022] NSWSC 29, Ficema Pty Ltd (Ficema) sought to defend an unfair preference claim on the basis that the...

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“Well past its use-by date” – Supreme Court recommends overhaul of Litigious Costs and opens the door for more sophisticated litigation planning

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Our court system work on a loser-pays system. If you lose in litigation you are likely going to be required to pay the other side’s costs. Being able to estimate that cost and risk is...

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Court considers form of orders in first anti-phoenixing case

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In Re Intellicomms Pty Ltd (in liq) [2022] VSC 228, the Supreme Court of Victoria held that a sale agreement entered into by Intellicomms Pty Ltd (“Company”) was a creditor‐defeating disposition within the meaning of...

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Back from the legally dead: the consequences of a company’s reinstatement post deregistration

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In Thorne Developments Pty Ltd v Laird [2022] QSC 085 heard in the Queensland Supreme Court, the plaintiff sought an order to validate, amongst other things, an agreement with the defendants for the sale of...

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Judicial bias bowls over judgment

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Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022] FCA 846 The decision of Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022]...

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Stand and Deliver

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In Hume v Carey [2022] WASC 256, the Supreme Court of Western Australia considered an application to terminate a winding up order made against HHA Architects Pty Ltd (‘Company’) under section 482 of the Corporations...

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Commercial specialist brings expertise to Hunt & Hunt Victoria

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Hunt & Hunt is delighted to announce Marianna Parry has joined as Principal in the Melbourne based Corporate & Commercial team. Previously Special Counsel at HWL Ebsworth, Marianna brings expertise in mergers and acquisitions, private...

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