Pre action procedures There are 5 steps which must be undertaken before a family matter can proceed to the Court. Step 1: Provide a copy of the Before you file – pre action procedure. Provide a copy of the Before you file – pre action procedure for financial cases or parenting cases (prescribed brochure) to […]
In line with the NSW Governments Digital Strategy of making Court procedures more accessible, from 1 August 2023, uncontested estate applications move online. The “Probate Service” will enable uncontested applications for the following types of matters to be filed online: Grant of Probate. Reseals. Letters of Administration. Letters of Administration with the Will annexed. Other
Uncontested estate applications move online effective 1 August 2023 Read More »
A law firm acting for the landowner and his company in a large-scale property development failed to include a critical clause in the joint venture agreement. The court is yet to determine the damages, but the losses claimed are in excess of $100 million. The missing clause would have made all joint venturers liable for
Missing clause held to have caused loss of millions for developer Read More »
In a recent decision, the High Court has considered the obligations of a seller of a business to trade in the ordinary course. The court held that the seller was ready willing and able to complete the $11 million transaction, despite not operating its hotel business due to NSW government public health restrictions due to
Laundry Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6 Read More »
711 Hogben Pty Ltd v Anthony Tadros – Relief Against Forfeiture and Costs [2022] NSWSC 1653 After a seven year litigation battle with their landlord, during which its lease was terminated, commercial tenants were granted relief against forfeiture. In 2015, the tenants entered into an agreement to lease premises to operate a child care centre.
Summary: A scaffolding collapse killed one worker and injured another where the scaffolding was almost entirely untethered to the building and was overloaded. The scaffolding contractor was fined $2 million (of a possible $3 million maximum penalty) for a category 1 offence under the WHS Act. Relevant factors included: scaffolding design systemic failures in safety
SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022] NSWDC 584 Read More »
Every lease contains a covenant of quiet enjoyment, either in writing or implied by law. The right to quiet enjoyment refers to the tenant’s right to possess and fully use leased property without interference from the landlord during the course of the tenancy. There is a proviso, though: the use must be ordinary and lawful.
When entering into a lease, the law automatically implies an obligation on the landlord not to substantially deprive the lessee of the benefit being given under the lease. By this obligation, landlords are prevented from takes steps that derogate (ie: detract or take away from) the grant of the lease by making the property materially
If you are a director of a company (including an Aboriginal or Torres Strait Islander corporation or a registered foreign company) or a registered Australian body, you will need to hold a director identification number (DIN). A DIN is a 15 digit identifier that is unique to you and will remain with you for life.
Relief against forfeiture is a remedy allowing a tenant to return to leased premises where the landlord has re-entered due to breach of a lease. A court will usually grant relief on the condition that payment is made of any outstanding rent. Our firm has recently acted in two significant matters with published decisions where
