The Commercial Bar Association of Victoria Inc. A0120851O
Parties to a contract enter into a further contract by which they vary the original contract terms. Is the effect of the second contract to bring the first contract to an end and to replace it with the second, or to leave the first contract standing, subject to alteration?
Balanced Securities Limited v Dumayne Property Group Pty Ltd [2017] VSCA 61
The New South Wales Court of Appeal has overturned one of a series of decisions by Brereton J in which, it held, undue prominence had been given to considerations of proportionality and value of the services provided by liquidators in determining their remuneration claims.
Arbitrator rendered an award styled “Final Award” that failed to deal with an issue referred to arbitration. Aggrieved party applied to have the issue determined by the Supreme Court. Other party sought a stay relying on the parties’ arbitration agreement. Held that the award was not a final award and that the arbitrator’s mandate continued to resolve the remaining issue.
A recent decision of the New South Wales Court of Appeal serves as a timely reminder of the costly consequences of failing to register a PPSR security interest in leased goods.
What is the appropriate method of distribution to competing trust beneficiaries whose funds have been mixed? This short article considers this question following the decision in Hannan v Zindilis [2016] VSC 723.
Among the numerous challenges with which Commonwealth and State/Territory energy ministers are presently confronted, the COAG Energy Council is progressing reforms on two contentious aspects of energy regulation.
Winding up a company when you are the trustee in bankruptcy of the sole director and shareholder can be more complicated than you think.
Trade marks – interlocutory injunction – whether serious question to be tried – whether actual non-monetary harm needs to be shown.
Trade marks – opposition – substantially identical – reputation – use of similar marks in different States – infringement – defences – good faith use of own name – revocation – inherent adaptability to distinguish.
Computer software – exclusive licence – construction – ambiguity in payment provisions – extrinsic evidence – commercial sensibility.
Trade marks – exclusive trade mark licence “in perpetuity” – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – admissibility of extrinsic material.
In Suk v Hanjin Shipping Co Ltd [2016] FCA 1404, the Federal Court (a) provided guidance on how courts are to determine what stay arises upon recognition of foreign main proceedings under the Cross-Border Insolvency Act 2008; and (2) demonstrated that such recognition can cause maritime lien actions to be stayed.
The Federal Court ordered an American video game giant to pay a $3 million penalty for misleading Australian consumers in a decision that sends a strong message to overseas traders to comply with the Australian Consumer Law.
The New South Wales Court of Appeal has determined that an adjudicator’s decision under the Building and Construction Industry Security of Payment Act 1999 (NSW) is not amenable to judicial review for error of law on the face of the record, thus reversing the decision at first instance.