When you file an application to set aside a statutory demand, section 459G of the Corporations Act says that the application (or originating process) together with an affidavit in support must be filed and served on the person who issued the demand within 21 days of receipt of the statutory demand. In Imagebuild Group Pty […]
The demise of Huxley Homes has produced a steady stream of home warranty insurance claims. The NSW Civil and Administrative Tribunal (Tribunal) has jurisdiction to consider and determine appeals against decisions by home warranty insurers. A claimant has 45 days from receipt of the decision of the insurer in respect of their claim to lodge […]
Parties will often be told that one of the key benefits of mediation is that the negotiations that they have are confidential and that the outcome they reach can be kept confidential. There is no doubt that confidentiality is very important incentive for parties to mediate and for the free flow of creative discussion and […]
In an interesting decision of the Supreme Court delivered on 7 March 2017, Justice Hammerschlag found that delivery of a USB stick containing an adjudication application on a respondent was not enough to meet the service requirements in the Building and Construction Security of Payments Act (SOPA). Section 17(3)(a) of the SOPA requires that an […]
Statutory demands can be defeated by a genuine dispute or a genuine offsetting claim. Who says what is “genuine”? If you run a company and you receive a statutory demand at your registered office, you need to seek legal advice fast. You only have 21 days in which to settle the matter with the person […]
It is becoming more and more common for companies to send out documents which contain an electronic signature of a director. What happens when a staff member includes your electronic signature on an important document without your knowledge or approval? The NSW Court of Appeal has recently dealt with a case where an administration officer […]
If you are having trouble getting together enough money for a home deposit or getting approval for a loan, a “rent to buy” property scheme may seem like a good idea. However, if you are considering an arrangement like this to get a start in the property market, you need to be very careful and […]
The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) has been very active in Newcastle recently. The public hearing into the Anglican Church in Newcastle is continuing and a public hearing relating to individuals involved in the Catholic Church in the Newcastle region commences in a few weeks. If you have received […]
Many contracts include a clause providing a mechanism for dispute resolution. Generally, these clauses provide for a staged progression of a dispute. For instance, the stages might be: Written notification of a dispute; A requirement for the representatives to meet or confer within a short period of time after the issue of a notice of […]
The NSW Civil and Administrative Tribunal (NCAT) has recently considered this issue in the case of Mulhearn v Merit Homes Pty Limited [2015] 19 November 2015. In this case, the Home Owners installed a video surveillance device on a neighbour’s property which was directed at their own house and recorded the activities of the Builder. […]
