Q&As

'NCAT - Legal Representation in Home Building and Strata Cases'

Monday October 20, 2014

The rules regarding legal representatives appearing for strata schemes and owners has changed for application lodged from 1 January 2014 when the NSW Civil and Administrative Tribunal (the Tribunal) took over the functions of the Consumer Trader and Tenancy Tribunal. These changes are outlined below.
'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.
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'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.
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'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.
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