Articles

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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Posted May 30, 2018 New Light on Supporting Statements
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CASE NOTE: CENTRAL PROJECTS PTY LTD V DAVIDSON [2018] NSWSC 523 On 30 April 2018, the Supreme Court of New South Wales handed down its decision in the case of Central Projects Pty Ltd v Davidson [2018] NSWSC 523. The case concerned an application made by Central Projects Pty Ltd (CP) seeking judgment against Mr […]

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Posted May 29, 2018 Error in Construction or a Wrong Understanding of Law?
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Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 In a judgment published on 21 May 2018, the Court of Appeal considered the application of section 22(3)(b) of the Building and Construction Industry Security of Payment Act 1999 (“the Act”), namely, the requirement that an Adjudicator’s determination must “include the reasons for […]

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Posted May 29, 2018 Insights on the Murray Review: Will We Be Freed From Time Bars?
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Each Australian State has laws to ensure subcontractors in the construction industry are paid in a timely way. Last year, the Australian Government commissioned John Murray AM to review those laws.  His final report was published this week.  He made 86 recommendations for harmonisation and improvement of security of payment laws. His central themes were […]

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