Category: Commercial Disputes

When we were first retained by our clients, they were small business owners, who had spent two years in legal proceedings attempting to recover money from the defendant who had failed to rectify a number of building defects and non-performance under a...

A man who posted sexually explicit images and videos of his ex-girlfriend on Facebook has been forced to pay her almost $50,000 for the distress and embarrassment caused. The case, heard in the ‘Supreme Court of Western Australia in December 2014,...

“Privacy is not something that I'm merely entitled to, it's an absolute prerequisite.” – Marlon Brando In 2013, 13 Australian Privacy Principles (APPs) were enacted through the Privacy Amendment (Enhancing Privacy protection) Act 2012. These APPs...

A case involving a farmer and his daughter and son-in-law (Milling v Hardie [26 May 2014] NSWCA 163) is a reminder of the need to put property living arrangements, even between family members, in writing. Mr Milling is a farmer who lives in one of...

In December 2013, the High Court confirmed that a liquidator of a corporate landlord may disclaim a lease that the company had granted to a tenant, leaving the tenant to prove they have suffered loss in the winding up. Broadly speaking, it is common...

Business owners should ensure they are aware of the risks associated with using social media and engaging with consumers or potential clients in this way before they start tweeting and posting online. In the eyes of the law, social media is...

As most people may be aware, taped conversations are generally not permitted into evidence if the person was not aware that they were being recorded. However, a recent case has shown that taped conversations, where the person has given permission to be...

The Personal Property and Securities Act is causing many sleepless nights for credit managers wondering if they have acquired sufficient security in exchange for extending credit. The introduction of the Personal Properties Security Register more than...

If you suspect a company you are trading with may be insolvent, it is important you be wary of receiving any payments from that company. If a company is insolvent, any payment you receive could be reversed by the Liquidator as a "preference" at a later...

What is a Writ of Execution? The most common mode of enforcing the judgment debt against an individual judgment debtor or a company judgment debtor is to issue a Writ of Execution. This is a direction to the Sheriff or Bailiff to attend a given address...