September 6, 2019

It’s a pretty simple rule.

Most of us learn it at a young age. Even dogs know it.

Now, the High Court has given it legal substance in the recent Banerji decision (Comcare v Banerji [2019] HCA 23).

In this case, the High Court found that the dismissal of a government emplo...

December 2, 2018

I recently acted for a landlord in a commercial lease dispute. It should have been a simple action. The tenant was clearly in arrears; the landlord issued a Notice to Remedy; the tenant failed to pay; and the landlord locked the tenant out.   

It was...

October 29, 2018

As a litigator for more than twenty years, I have heard every excuse in the book for failing to comply with deadlines.

The problem is: if another party fails to meet a deadline, there is no penalty, unless you ask the Court to intervene.  This costs time and money.  And...

October 22, 2018

I recently acted for a solar provider in an appeal by a customer to the Victorian Court of Appeal.

The customer asserted that the client’s solar system was not properly installed at its premises, such that it was entitled to:

  1. terminate the contract with my client;

  2. ...

October 16, 2018

Why is it so hard to estimate the costs of Court action?  There are any number of things that can (and probably will) go awry.

Have you ever suffered the inconvenience of the Amazing Disappearing Customer?  Just when you decide enough is enough, your Customer suddenly d...

October 15, 2018

What’s the first thing some lawyers do when they receive a Statement of Claim?  They ask for particulars.  Even if they are already aware of the answers they purportedly seek.

Often, you’ll get a few bona fide requests nestled in amongst several dozen unnecessary,...

May 23, 2018

Arbitration agreements and the process of arbitrating disputes are often much maligned by lawyers.  There are cries of "You'll be relinquishing your right to a fair trial by a judge; you can't do that!" or "You'll be putting your fate in the hands of an anonymous and r...

October 17, 2017

  1. A caveat is one method by which a creditor may compel payment of outstanding debts by a debtor, or any guarantor of the debtor's obligations under an agreement.

  2. If a creditor has a charging or security clause in its agreement or any guarantee, the creditor may...

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