The issue Dispute resolution clauses prescribing procedures by which contracting parties have agreed to try to resolve disputes about the meaning and effect of their contracts are always encouraged. However, if poorly worded, dispute resolution clauses can themselves become the subject of collateral disputation, adding to the time, cost, and scope of the dispute, and […]
INSIGHT | In a reprieve for all employers, the High Court of Australia has firmly closed the door on casual workers’ attempts to obtain paid leave whilst also retaining the benefit from receipt of casual loading payments: WorkPac Pty Ltd v Rossato [2021] HCA 23 Introduction Since its inception, the Fair Work Act 2009 (Cth) (FW […]
Introduction Purchasing land is a major decision that is practically and legally difficult, and sometimes impossible, to reverse. Such transactions thus require extensive due diligence and care and in some instances professional advice. Where a purchaser makes an offer to purchase land that is accepted by a vendor (forming a contract) (Contract), but the purchaser […]
What is a Search Order? A Search Order[1] is a Court order made on application of a party that has commenced, or anticipates commencing, legal action (known as the applicant) against another person (known as the respondent), often ex parte, (namely, without notice to the respondent) for the purposes of securing and preserving evidentiary material […]
Introduction Many readers will have heard of or used airbnb, the web-based platform by which “hosts” (persons looking to generate income by allowing others to occupy premises on a short term basis, called a “stay”) are connected with “guests” (persons looking to find short term accommodation generally at a comparatively reduced cost) all on a […]