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Recent publications
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Date: 26 Apr 2012
This case is the first example of how the failure to file a “Genuine Steps Statement” at the commencement of Federal Court proceedings may have disastrous results for lawyers.
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Date: 26 Apr 2012
A very useful guide, and a warning to funders of class actions.
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Date: 12 Apr 2012
In a recent case, a statutory demand was set aside on the basis that it was issued for only part of a debt due and owing to the Commonwealth Bank, even though that portion of the debt was undisputed, and was well above the statutory minimum.
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Date: 23 Mar 2012
For the second time in a fortnight the Full Federal Court has issued an important ruling concerning valuation negligence claims.
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Date: 16 Mar 2012
A valuer was successful in the Full Federal Court in further reducing its liability to lenders for a negligent valuation.
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Date: 07 Mar 2012
Authorised witnesses of statutory declarations and affidavits in NSW are to be required to take specific steps to confirm the identity of persons making declarations and affidavits.
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Date: 07 Mar 2012
The High Court overturned a decision of the NSW Court of Appeal regarding the operation of the Farm Debt Mediation Act 1994 (NSW) (Act).
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Date: 09 Feb 2012
A recent decision where a court held that a defect in a consumer credit notice does not render the notice invalid.
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Date: 01 Feb 2012
On 25 November 2011 the NSW Supreme Court awarded Ms Pedulla $3.8m in compensation from the Torrens Assurance Fund.
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Date: 25 Jan 2012
The FOS Summer 2011 Circular has provided an update on systemic issues identified during the September quarter of 2011, and much needed guidance in relation to the settlement provisions of its Terms of Reference.
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Date: 19 Jan 2012
On 2 December 2011, ASIC released Consultation Paper 172: “Review of External Dispute Resolution Jurisdiction over Complaints When Members Commence Debt Recovery Legal Proceedings” (CP172).
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Date: 09 Jan 2012
Silberman v Citigroup Pty Ltd [2011] VSC 514
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Date: 20 Dec 2011
On 6 December 2011, the Competition and Consumer Legislation Amendment Act 2011 (the Act) received Royal Assent.
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Date: 06 Dec 2011
The Federal Court has issued an interim ruling that late fees charged on credit cards may be unenforceable as a penalty.
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Date: 07 Nov 2011
A recent decision of the Supreme Court of Victoria has clarified the circumstances in which a court will grant leave to a landlord to recover possession of a property from a company in administration under section 440C.
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Date: 03 Nov 2011
A recent NSW Court of Appeal decision serves as a reminder to lenders of the importance of considering a guarantor's ability to meet his/her obligations under a guarantee.
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Date: 01 Nov 2011
The Financial Ombudsmen Service (FOS) has published its approach to calculating loss in financial advice disputes.
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Date: 24 Oct 2011
Mortgagees and parties witnessing land dealings should be aware that the following amendments to the Real Property Act 1900 commence operation on 1 November 2011:
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Date: 06 Oct 2011
What protection is provided to court appointed liquidators in respect of civil claims against them personally?
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Date: 06 Oct 2011
On 5 October 2011, the High Court brought to an end a reinsurance dispute which has spanned a decade.
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Date: 29 Sep 2011
Recent decisions of the Federal Court of Australia and the New South Wales Court of Appeal have highlighted the importance of considering how things can go wrong in contractual relationships.
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Date: 22 Sep 2011
There have, of late, been a string of decisions involving the question of the enforceability of guarantees.
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Date: 05 Sep 2011
Your lease of premises is approaching the end of its term and includes a make good provision. The tenant has indicated it is carrying out the required works and will be completed in time to provide vacant possession by the termination date.
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Date: 31 Aug 2011
Yesterday, the Queensland State Government announced a raft of new and increased court fees which will take effect as and from tomorrow, September 1 2011.
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