Q&As

'Buyers' late notification regarding building and pest inspection leads to seller's valid termination of contract'

Friday October 17, 2014

A recent decision of the Supreme Court of Queensland in the case of Simpson & Ors v Jackson [2014] QSC 191 highlights the importance of strictly observing the timeframes specified in property sale contracts. In this case, the court held that the seller had validly terminated the contract as the buyers had failed to notify the seller in time that they were satisfied with the building and pest inspections they had performed. On the inspection date, the buyers' lawyer notified the real estate agent but not the seller's lawyer just three minutes before the 5pm deadline that the inspection result was satisfactory. As notice was not received on time, the seller's lawyer terminated the contract. The property sale contract was subject to and conditional upon the buyers obtaining satisfactory building and pest inspections and notifying the seller of the outcome of these inspections by the same inspection date.
Tags :
'iPhone will found valid in QLD Supreme Court'

Friday October 17, 2014

This significant case is another example of the lenient approach taken by the courts to informal documents. It shows how the courts are adapting their application of the law to the modern age of technology and paves the way for other electronic documents, created in the absence of witnesses, to be deemed as valid and binding Wills.
'Marketing Functional Foods in Australia'

Friday October 17, 2014

Australia’s demand for functional foods is growing rapidly and there are many opportunities for businesses wishing to market these foods in Australia. However, the formulation, advertising and labelling of these foods is heavily regulated and care must be taken to comply with food and therapeutic goods laws.
Tags :
'Consequential Loss: It's all in the definition'

Friday October 17, 2014

Recent developments in NSW reinforce the importance of not only expressly defining the term 'consequential loss' in contracts, but also carefully considering what categories of losses the exclusion is intended to cover, in order to avoid unintended consequences.
Tags :
'New changes to Building Sustainability Index (BASIX) targets in NSW'

Friday October 17, 2014

The NSW government's proposed changes to the Building Sustainability Index (BASIX) aim for a 20%-50% reduction in water consumption and up to 50% reduction in energy emissions. The BASIX scheme was introduced in 2004 as a water and energy efficiency target requirement for all new homes constructed in NSW. There appears to be significant support of the proposed new BASIX targets and some have even submitted that the proposed new targets need to go further. However, proper consideration needs to be given to the benefits sought to be achieved and whether the proposed new BASIX targets can achieve those benefits practically. Imposing targets that may impact negatively by restraining housing affordability due to cost or limiting the ability to comply due to land area requires further assessment and the availability of alternatives to achieve those targets.
Subscribe

"An excellent series of seminars with great relevance to me."

Delegate - Evidence Examined in Criminal Matters, Perth, November 2017

 

 

 

 

 

, Evidence Examined in Criminal Matters

Read more testimonials