Use of electronic signatures: reinforcing the need for a clear understanding
Following on from our previous e-update on the use of electronic signatures, the recent case of Bendigo and Adelaide Bank Ltd & Ors v Kenneth Ross Pickard & Anor [2019] SASC 123 (the Pickard Case) confirms our earlier comments that it would be preferable for a company to execute a Deed using a wet-ink signature. […]
ReadmoreThe dark arts of delay analysis turn ultra violet – or ‘don’t ignore the facts’
White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 (6 September 2019) (Hammerschlag J) Delay and, separately, disruption claims are common sources of dispute in construction projects. Compounding what are usually factually complicated scenarios are issues of terminology and experts’ competing views about the correct analysis and approach to assessing the […]
ReadmoreBellamy’s cry for “cost capping” in competing McKay and Basil class actions dismissed by the Full Court of the Federal Court
On 23 August 2019, the Full Court of the Federal Court in Bellamy’s Australia Limited v Basil [2019] FCAFC 147 (Bellamy’s) unanimously dismissed the applicant’s application for leave to appeal “costs capping” orders, initially rejected by the primary judge at first instance. Bellamy’s Australia Limited (BAL) is the respondent to two class actions: McKay Super […]
ReadmoreSecurity of Payment Amendment Act set to commence
The Building and Construction Industry Security of Payment Amendment Act 2018 (Amendment Act), which was passed by the NSW Parliament in November last year, will commence on 21 October 2019. The Building and Construction Industry Security of Payment Amendment Regulation 2019 (Amendment Regulation) will also commence on this date. The changes made by the Amendment […]
ReadmoreQueensland e-conveyancing update
Queensland’s shift towards a fully digital land registry has taken further steps forward with enabling legislation passed by the Queensland parliament in recent months. The Revenue and Other Legislation Amendment Act 2018 expands the scope of transfers which can be carried out within an e-conveyancing network to all freehold land types (vacant, residential, commercial and industrial) with […]
ReadmoreI didn’t mean to sign that –when can a party escape from a contract because they didn’t understand it?
You are negotiating a deal and it becomes clear the other party has misread or misunderstood the effect of a clause in the document. Do you point this out to the other party or stay silent and hope they don’t notice? The risk of staying silent is highlighted by the recent decision of the Victorian […]
ReadmoreGoing digital – When is an electronic land contract ‘signed’?
When the concept of electronic contracting was first conceived, there was some uncertainty about whether they would be suitable for land sale contracts. This was due to the requirement in the Property Law Act 1974 that, to be enforceable, a contact for the sale of land has to be: in writing; and signed by the relevant party […]
ReadmoreDeveloping Resilient Future Cities
The 2019 Asia Pacific Cities Summit (APCS) and Mayors’ Forum provided a platform for connection and conversations on cities’ innovation, mobility, liveability and sustainability. A powerful contingent of some 1480+ delegates, spanning 140 cities, close to 90 Mayors and Deputy Mayors, and entrepreneurs came together to solve complex problems to develop resilient future cities. What does this […]
ReadmoreIs a sand quarry ground lease a “retail premises” lease?
In the recent decision of Phillips v Abel (Building and Property) [2019] VCAT 1031 the Victorian Civil and Administrative Tribunal has once again considered the question of what is a “retail premises” for the purposes of Section 4(1) of the Retail Leases Act 2003 (“the Act”). The case involved a lease of a quarry at […]
ReadmoreDeeds of cross-guarantee as lease security – what a landlord needs to know
We have recently seen deeds of cross-guarantee being offered up by tenants looking to provide landlords with alternative forms of security to bank guarantees, as banks tighten up lending requirements, or parent company guarantees. What is a cross-guarantee? Typically a deed of cross-guarantee is lodged by a parent company with ASIC in support of […]
ReadmoreStamp duty changes to hit residential developments in Victoria
The Victorian Government is proposing a sweeping reform of the “economic entitlement” provisions of the Victorian duties legislation. The result of the proposed changes would be to effectively bring to duty a common form of project funding and structuring used for residential developments in Victoria. Typically these transactions enable a residential developer to secure rights […]
ReadmoreDeath and taxes – one’s really going to hurt
As you will be aware, between February and May each year, the State Revenue Office issues land tax assessments for the calendar year to Victorian land owners (except where all landholding is exempt). The 2019 land tax assessment assesses landholdings owned by a land owner as at midnight on 31 December 2018. With property prices […]
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