Commercial, Business & Property

Practice area

Commercial, Business & Property

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

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Forcing the Sale of a Partnership Property

Often when two friends or business partners purchase property for investment or possibly for business premises, they hold that property as tenants in common (in equal shares or otherwise) as…
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Building Disputes - Security for Performance

Security for Performance Security for performance is a way for the parties to a construction contract to protect themselves from the other party’s default. The security can take a number…
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Building Disputes - Scope of Works

Scope for Disagreement: Building Disputes About the Scope of a Construction Contract in NSW The scope of work is the work that the contractor is required to do under the…
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Building Disputes - Defects (Part 1)

Defects in Construction Contracts A defect in a construction contract is any work that does not meet the standards or requirements set out in the contract. Defects can be either…
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Building Disputes - Defects (Part 2)

Defects can occur for a variety of reasons, including: Substandard materials Improper workmanship Changes to the plans or specifications Errors in the plans or specifications Force majeure events When a…
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First Home Buyer Changes

The First Home Buyer Legislation Amendment Bill 2023 has been introduced into parliament and proposes to amend  the Duties Act 1997 to revise dutiable values for property to be eligible for the First Home…
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Does reference to a file waive privilege?

On 11 October 2023 Justice Kunc made a decision in the matter of Hall v Hall [1] about whether privilege over documents in a solicitor’s file had inadvertently been lost by a…
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Clear & Careful Clauses Create Clarity for Costs Consequences

In Farmer v Broadspectrum (Australia) Pty Ltd (No.3) [2024] NSWSC 53 the Supreme Court of New South Wales dismissed a motion for indemnity costs. The plaintiff, who was injured in…
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Easements Eliminated if they Exclude Use

The recent decision of Petrie v Dickson [2024] NSWSC 972 concerned a dispute between neighbours over a purported easement for garden use on adjoining properties in Palm Beach, Sydney.  The…
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High Court Rejects Pure Economic Loss Claim

On 7 August 2024 in the case of Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25, the High Court of Australia dismissed the appeal of Mallonland Pty…
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When Performance Trumps Compliance

When Performance Trumps Compliance In the case of Christer Nominees Pty Ltd v Calabria Community Club Ltd, the Supreme Court of New South Wales considered whether the Plaintiff was entitled…
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Fail to Prepare (or Turn Up) & You Prepare to Fail

The case of Trusted Building Group Pty Ltd v Everitt is a summary judgement of the Supreme Court of NSW that dealt with a dispute relating to a construction contract.…
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Disagreement Does Not Always Mean Dysfunction

The case of David & Ros Carr Holdings Pty Ltd v Ritossa [2024] NSWSC 1125 deals with the management and potential winding up of the Darbalara Property Trust (DPT). The…
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When an Oral Contract Superseded a Written One

On 25 October 2024, the Supreme Court of New South Wales ruled on Rogers Construction Group Pty Ltd v Mirage Interiors & Construction Pty Ltd [2024] NSWSC 1344.  The case…

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