Articles

Posted Jul 27, 2018 A Safe harbour and Relief from Termination Clauses
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New Commonwealth laws which commenced on 1 July 2018 provide safe harbour protection to honest, diligent and competent company directors from insolvent trading and also render ipso facto clauses in contracts unenforceable, while a company is undertaking a restructure. The reforms which amend the Corporations Act 2001 will only apply to rights arising under contracts, […]

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Posted Jul 26, 2018 Risky business – informal administration of a construction contract
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CASE NOTE: SOUTHERN CROSS ELECTRICAL ENGINEERING V STEVE MAGILL EARTHMOVING [2018] NSWSC 1027 On 5 July 2018, the Supreme Court of New South Wales handed down its decision in the case of Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027. The case concerned a summons filed by Southern Cross Electrical Engineering (Southern […]

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Posted Jul 26, 2018 Reference Dates Will Accrue
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A recent decision of his Honour Justice Stevenson in the Supreme Court of NSW dealt with a challenge brought by the unsuccessful party to an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (“the Act”). The main issues addressed by the Court were whether or not the relevant Payment Claim […]

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Posted Jul 26, 2018 eSignatures
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The Electronic Transactions Act 1999 (Cth) says that electronic executions of contracts are valid so long as the signing party has authority and been identified properly.1 The principal international convention underpinning the Electronic Conveyancing National Law (ECNL) is the Model Law on Electronic Commerce (MLEC). The MLEC has, in part, been enacted in every jurisdiction […]

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Posted Jul 26, 2018 How to Negotiate Your Agency Agreements
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It is imperative for development sales agents to understand that one of the most essential components to any real estate development project is that there be a sufficient level of sales at an early stage for a Developer to indicate to their financier as to the commercial viability of the development. The Developer’s financier would […]

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