Commercial, Business & Property

Practice area

Commercial, Business & Property

Articles, case notes and commentary from the Mullane & Lindsay team.

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Your Facebook, Your Responsibility

A recent decision of the Supreme Court of New South Wales[1], has found that media companies could be liable for defamatory comments made by readers, concerning news stories posted on…
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Heritage Approval & When It Is Required

Most readers will know that a number of older, or historically significant buildings, are ‘listed’ by the State Heritage Council; and the consent of the Council is required for any…
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Should you provide an Indemnity?

Indemnity clauses are frequently included in contracts, whether they are simple contracts or complex commercial contracts.  However, simply because indemnity clauses are common, their importance should not be understated.  Indemnity…
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NCAT Nullifies Noisy Neighbour

In the recent decision of Terry v Drummond [2019], NCAT ordered that a noisy neighbour in a strata building needed to fit extra floor coverings and limit the use of power tools…
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Relief Against Forfeiture of Lease

The recent case of Dee Vine Group Pty Ltd v Palais Reception Centre Pty Ltd [2019] NSWSC 1462 has helpfully outlined the factors and general principles a Court will consider in assessing whether…
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Managing Employees when Purchasing a New Business

An important consideration when purchasing a business is whether to continue to employ the business’ existing staff. There may be many benefits to the new owner of a business by…
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Valid Notice of Breach

The recent case of Dee Vine Group Pty Ltd v Palais Reception Centre Pty Ltd [2019] NSWSC 1462 has provided useful judicial guidance as to the requirements of a valid Notice of Breach…
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Two Talents join Mullane Lindsay in 2020

Mullane Lindsay is very pleased to welcome Cavelle Lindsay and Catherine Williams to the firm. Cavelle Lindsay after beginning her career at Sparke Helmore in 2011, and then moving to…
Commercial, Business & Property
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Mandatory Commercial Tenancies Code

The Federal Government has today announced that a mandatory Commercial Tenancies Code (“the Code”) will be legislated by each State and Territory to assist Landlords and Tenants during the Covid-19…
Commercial, Business & Property
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Covid-19 and Court Hearings

Director, Kristy Nunn, recently published an article dealing with a (successful) application to vacate a Court hearing in NSW due to the Covid-19 pandemic. A similar application has recently been…
Commercial, Business & Property
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Smoking, Pets & Strata Title

As more and more people are choosing to live in strata units and townhouses rather than on the traditional quarter acre block, how people interact and the nature of ‘neighbourhood…
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LGBTQIA+ Relationship Breakdown - Your Rights to Property Settlement

Until 2009, the Family Courts in Australia did not have the authority under the Family Law Act to make Orders for property settlement between people whose same sex relationship had broken down.…
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To cancel or postpone, that is the question.

COVID -19 has resulted in many scheduled events such as tours, theatre or concert events failing to take place. The Australian Consumer Law provides that a supplier of services guarantees…
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Covid-19: Land Tax Relief for Landlords

The NSW Government has introduced measures to provide relief to both commercial and residential landlords, who provide a reduction in rent to a tenant who is experiencing financial distress as…
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That’s Not What I Ordered

When purchasing a property ‘off the plan’, there is the risk that the completed product may not meet a buyer’s expectations. Although there has been recent legislative changes to give…

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