Disputes, Claims & Litigation

Practice area

Disputes, Claims & Litigation

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

Disputes, Claims & Litigation
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How to Obtain Relevant Documents During Court Proceedings

During Court proceedings the Court may order discovery of documents that are relevant to the facts in dispute unless the proceedings are within the Dust Diseases Tribunal or the Small…
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What are the Legal Options if Your Business is Owed Money?

What are the common situations when a business is owed money? Ordinarily a business can be owed money because they have provided goods or services and have not been paid.…
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I Won My Court Case - What Now?

The debt recovery process does not end with a win in Court, it ends when the money is paid.  What is a judgement debt? A judgement debt is another term for an…
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Estoppel by Deed

“Estoppel by deed is a rule of evidence founded on the principle that a solemn and unambiguous statement or engagement in a deed must be taken as binding between parties…
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Agency Part One - Appointment and Authority

Have you appointed a person or an entity to act on your behalf, possibly in business?  If so, they are likely to be your ‘agent’. If you consider the conduct…
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Agency Part Two - Agent Duties and Obligations

Where you have appointed a person or entity as an ‘agent’ they must act in your best interests and within the delegated power and authority. Generally, agents must follow instructions,…
Disputes, Claims & Litigation
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Agency Part Three - Agent Liability and Termination

Agents should be mindful that they may be personally liable for actions taken including: Where a contract is made naming the agent rather than the principal.  Acting outside the delegated…
Wills, Estates & Trusts
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The Family Farm and Caveats

The Family Farm is a business that is hoped will be passed down through generations. When the time comes to pass on the family farming business there can be conflict,…
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Building Disputes - Time (Part 1)

Time in Building Disputes Time is a critical factor in construction projects. Delays can lead to additional costs, both for the contractor and the owner. As such, construction contracts typically…
Disputes, Claims & Litigation
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Building Disputes - Time (Part 2)

Liquidated Damages and the “Prevention Principle” Liquidated damages are a contractual provision that allows the owner to collect a specified amount of money from the contractor for each day that…
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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…
Commercial, Business & Property
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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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Direct Speech Evidence in NSW

The preparation of evidence for Court proceedings is a very important task. If there are no documents available, conversations are crucial to determining cases. Many cases turn upon the competing…
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Termination of a Construction Contract

Termination of Construction Contracts In a construction project, the contract is typically discharged by performance, meaning that both parties fulfill their obligations and the project is completed. However, the contract…
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Defective Work in Construction Contracts

Defective work is a common problem in construction contracts. It can lead to disputes between the parties and can even result in litigation. There are a number of factors that…

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