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General Litigation

"This Wasn't Part of the Contract!" - Can I Rely on the Doctrine of Frustration?

Posted By Simone Rees,
12/07/2023 16:00 PM
The doctrine of frustration is a common law concept, and Australia has no legislation to determine when a contract is frustrated. Frustration of a contract is a complex area of the law, and it is...

Federal Court Reiterates Key Plank of Legal Professional Privilege

Posted By Simone Rees,
28/03/2022 14:00 PM
In Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278, the Federal Court of Australia has provided a useful reminder of the bases on which legal professional privilege attaches to...

Luke Buchanan and Simone Rees Present at Legalwise 11th Annual Contract law Conference

Posted By Luke Buchanan and Simone Rees,
10/03/2022 17:00 PM
It was a pleasure for our two directors, Luke Buchanan and Simone Rees, to present for Legalwise at their 11th Annual Contract Law Conference in Sydney on 10 March 2022 on "The Implied Duty...

The Implied Duty of Co-Operation: A Summary of the Current State of the Law in Australia

Posted By Luke Buchanan, Isolde Daniell,
09/09/2021 19:00 PM
The following article was published by Lexology on 9 September 2021: In an article published earlier this year, we looked at the circumstances in which an express right to terminate a...

Legal Professional Privilege: Challenges For In-House Counsel

Posted By Luke Buchanan,
08/04/2021 11:00 AM
The following article was published by Lexology on 7 April 2021: What is legal professional privilege and why does it exist? Legal professional privilege protects the disclosure of confidential...

Changes to the Legislation Concerning Unfair Contract Terms: What Insurers Need to Know

Posted By Luke Buchanan,
12/03/2021 08:00 AM
The following article was published by Lexology on 11 March 2021: Amendments to the provisions concerning unfair contract terms contained in two pieces of Commonwealth legislation will take...

When is the Express Right to Terminate a Contract Constrained by Implied Duties of Reasonableness and Good Faith?

Posted By Luke Buchanan,
25/02/2021 08:00 AM
The following article was published by Lexology on 24 February 2021: Contracting parties are free to include in their agreement an express provision requiring them to act reasonably and in good faith....

Frustrated or Only Frustrating? Whether a commercial lessee can argue that their lease has been frustrated due to Covid-19

Posted By Luke Buchanan,
26/09/2020 13:00 PM
The following article was published by Lexology on 24 September 2020: In a recent article, I looked at the circumstances in which a party will be entitled to terminate a commercial lease, either...

No offence intended – the failure to report white-collar crime and section 316 of the Crimes Act 1900 (NSW)

Posted By Simone Rees,
21/08/2020 12:00 PM
The following article was published by Lexology on 21 August 2020: It is often the case that a corporation which discovers white-collar crime is also the victim.  This may occur because an...